UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE POLITICAL CODE. THE POLITICAL CODE OF THE STATE OF CALIFORNIA, AS ENACTED IN 1872, AND AMENDED UP TO AND INCLUDING 1905, WITH STATUTORY HISTORY AND CITATION DIGEST UP TO AND INCLUDING VOLUME 147 OF CALIFORNIA REPORTS. EDITED BY JAMES H. DEERING, Of the San Francisco Bar. STATUTORY HISTORX AND CITATION DIGEST BY WALTER S. BRANN, Of the San Francisco Bar. CONSOLIDATED AND EDITED JUNE 1, 1906, BY R. M. SIMS, Of the San Francisco Bar. SAN FRANCISCO: BANCROFT-WHITNEY COMPANY, Law Publishers and Law Booksellers. 1906. Q36 Cb CopTTight 1903. BANCROFT-WHITNEY COMPANY. Copyright 1906. BANCROFT-WHITNEY COMPANY. SAN FRANCISCO: THE FIRMER BROTHERS ELECTROTTPB CO., Typographers and Stereotypers. 1906. ANALYSIS OF THE CONTENTS. PRELIMINARY PROVISIONS, §§ 2-20. PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, ETC., §§ 30-60. PART II. POLITICAL DIVISIONS OF THE STATE, §§ 75-208. PART III. GOVERNMENT OF THE STATE, §§ 220-3900. PART IV. GOVERNMENT OF COUNTIES, ETC., §§ 3901-4459. PART V. SOURCES OF LAW AND EFFECT OF CODES, §§ 4466- 4505. ,« „ ADDEFDA. GENERAL LAWS ON SUBJECTS EMBRACED IN THE POLITICAL CODE. (5) SUMMAEY OF CONTENTS. PAET I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS JURISDIC- TION, §§ 30-60. Sovereignty of the State, Title I, §§ 30-44. Residence of sovereignty, ctiapter I, § 30. Territorial jurisdiction of the state, chapter II, §§ 33, 34. General rights of the state over persons, chapter III, § 37. General rights of the state over property, chapter IV, §§ 40-44. Persons Composing the People of the State, Title II, §§ 50-52. Political Rights and Duties of all Persons Subject to the Jurisdiction of the State, Title III, §§ 54-60. PART II. OF THE CHIEF POLITICAL DIVISIONS, SEAT OF GOVERNMENT, AND LEGAL DISTANCES OF THE STATE, §§ 75-208. Chief Political Divisions of the State, Title I, §§ 75-142. Counties, chapter I, § 75. Senatorial districts, chapter II, §§ 78-106. (Superseded.) Congressional districts, chapter III, § 117. (Super- seded.) Judicial districts, chapter IV, §§ 125-142. (Repealed.) Seat of Government, Title II, § 145. Legal Distances in the State, Title III, §§ 150-208. (7) SUMMARY OF CONTENTS. PART III. OF THE GOVERNMENT OF THE STATE, §§ 220-3900. Public Officers, Title I, §§ 220-1032. Classification of t)ubli? officers, chapter I, § 220. Legislative officers, chapter II, §§ 225-337. Executive officers, chapter III, §§ 341-715. Judicial officers, chapter IV, § 726. Salaries of judicial officers, chapter V, §§ 736-739. Ministerial and other officers connected with the courts, chapter VI, §§ 749-831. General provisions relative to different classes of offi- cers, chapter VII, §§ 841-1032. Of Elections, Title II, §§ 1041-1380. General provisions relating to elections, chapter I, §§ 1041-1080. Qualifications and disabilities of electors, chapter II, §§ 1083, 1084. - Registration of electors, chapter III, §§ 1094-1119. Election precincts, chapter IV, §§ 1127-1132. Boards of election, chapter V, §§ 1142-1150. Opening and closing the polls, chapter VI, §§ 1160-1164. Poll lists, chapter VII, §§ 1174, 1175. Election tickets and ballots, chapter VIII, §§ 1185-1216. Voting and challenges, chapter IX, §§ 1224-1243. Canvassing and returning the vote, chapter X, §§ 1252- 1268. Canvass of returns; declaration of result; commis- sions and certificates of election, chapter XI, §§ 1278-1297. Elections for electors of president and vice-president, chapter XII, §§ 1307-1322. Elections for members of congress, chapter XIII, §§ 1332-1347. Primary elections, chapter XIV, §§ 1357-1380. Education, Title III, §§ 1385-1891. University of California, chapter I, §§ 1385-1477. State Normal School, chapter II, §§ 1487-1507. Public schools, chapter III, §§ 1517-1891. State Militia, Title IV, §§ 1895-2117. Enrolled militia, chapter I, §§ 1895-1924. SUMMARY OF CONTENTS. » National Guard, chapter II, §§ 1925-2112. ♦Calling and drafting the militia into active service. chapter III, §§ 2039-2066. ♦Courts-martial and of inquiry, chapter IV, §§ 2076-2087. ♦Board of military auditors, chapter V, §§ 2093-2105. ♦Adjutant-general, chapter VI, §§ 2107-2117. Public Institutions, Title V, §§ 2136-2328. State commission in lunacy, state hospitals, and care, custody, apprehension, commitment of insane and other incompetent persons, chapter I, §§ 2136-2199. Deaf, dumb and blind asylum, chapter II, §§ 2237-2282. State library, chapter III, §§ 2292-2305. Supreme court library, chapter IV, §§ 2313-2316. Other public institutions, chapter V. §§ 2326-2328. Public Ways, Title VI, §§ 2248-2938. Public waters. ch?pter I, §§ 2348-2608. Highways, chapter II, §§ 2618-2772. Toll roads, chapter III, §§ 2779-2832. Toll bridges and ferries, chapter IV, §§ 2843-2895. Wharves, chutes, and piers, chapter V, §§ 2906-2921. Miscellaneous provisions relating to public ways, chapter VI, §§ 2931-2938. General Police of the State, Title VII, §§ 2949-3387. Immigration, chapter I, §§ 2949-2969. Preservation of the public health, chapter II, §§ 2978- 3064. Registry of births, marriages, and deaths, chapter III, §§ 3074-3084. Dissection, chapter IV, §§ 3093-3095. Cemeteries and sepulture, chapter V, §§ 3105-3111. Lost and unclaiii-ed property, chapter VI, §§ 3136-3157. Marks and brands, chapter VII, §§ 3167-3201. Weights and measures, chapter VIII, §§ 3209-3223. Labor and materials on public buildings, chapter IX, §§ 3233-3235. Hours of labor, chapter X, §§ 3244-3250. Time, chapter XI, §§ 3255-3260. Money of account, chapter XII, §§ 3272-3274. Auctions, chapter XIII, §§ 3284-3324. ♦Chapters III, IV, V, and VI were repealed by implication by acts of March 18, 1905; Statutes 1905, pp. 258 and 285, which expressly repealed chapters I and II and substituted new chapters therefor. 10 SUMMARY OF CONTENTS. Fires and firemen, chapter XIV, §§ 3335-3345. Licenses, chapter XV, §§ 3356-3387. Property of the State, Title VIII, §§ 3395-3597. The public lands, chapter I, §§ 3395-3574. The Yosemite Valley and Mariposa Big Tree Grove, chapter II, §§ 3584-3586. The state burying-ground, chapter lil, §§ 3596, 3597. Revenue, Title IX, §§ 3607-3900. Property liable to taxation, chapter I, §§ 3607-3611. Definition, chapter II, § 3617. Assessment of property, chapter III, §§ 3627-3671. Equalization of taxes, chapter IV, §§ 3672-3705. Levy of taxes, chapter V, §§ 3713-3719. Duties of auditor in relation to revenue, chapter VI, §§ 3727-3739. Collection of property taxes, chapter VII, §§ 3746-3819. Collection of taxes by the assessor on certain personal property, chapter VIII, §§ 3820-3831. Poll taxes, chapter IX, §§ 3839-3862. Settlements with the controller and payments into the state treasury, chapter X, §§ 3865-3880. Miscellaneous provisions, chapter XI, §§ 3881-3900. PART lY. OF THE GOVERNMENT OF COUNTIES, CITIES, AND TOWNS, §§ 3901-4459. Of Counties, Title I, §§ 3901-3985. County boundaries and county seats, chapter I, §§ 3901- 3958. General iirovisions relating to counties, chapter II, §§ 3969-3985. The Government of Counties, Title II, §§ 4000-4347. Counties as bodies corporate, chapter I, §§ 4000-4007. The board of supervisors, chapter II, §§ 4022-4087. County officers, chapter III, §§ 4101-4316. Salaries and fees of office, chapter IV, §§ 4328-4334. Other county charges, chapter V, §§ 4343-4347. The Government of Cities, Title III, §§ 4354-4449. Cities as bodies corporate, chapter I, §§ 4354-4374. SUMMARY OP CONTENTS. U Executive pov-ers, chapter II, §§ 4385-4393. Legislative powers, chapter III, §§ 4403-4414. Judicial powers, chapter IV, §§ 4424-4432. Certain statutes relating to cities and towns and ex- isting corporations continued, chapter V, § 4442. Funding and refunding of city indebtedness, chapter VI, §§ 4445-4449. Liability of Counties and Cities for Injury to Property by Mobs or Riots, Title IV, §§ 4452-4457. Publications by State Officers and Commissioners, or the Officers of Counties, Cities, Cities and Counties or Towns, Title V, §§ 4458-4462. PART V. OF THE DEFINITION AND SOURCES OF LAW— EF- FECT AND PUBLICATION OF THE CODES, AND THE EXPRESS REPEAL OF STATUTES, §§ 4466- 4505. Definition and Sources of the Law, Title I, §§ 4466-4468. Effect of the Codes, Title II, §§ 4478-4484. Publication of the Codes and Statutes Continued in Force Title III, § 4494. Express Repeal of Statutes, Title IV, §§ 4504, 4505. APPENDIX. PRELIMINARY PROVISIONS. THE POLITICAL CODE OF THE STATE OF CALIFORNIA. AN ACT TO ESTABLISH A POLITICAL CODE. [Approved March 12, 1872.] The people of the state of California, represented in senate and assembly, do enact as follows: TITLE OF THE ACT. § 1. This act shall be known as the Political Code of the state of California, and is divided into five parts, as follows: Part I. Of the sovereignty and people of the state, and of the political rights and duties of all persons subject to its jurisdiction. n. Of the chief political divisions, seat of govern- ment, and legal distances of the state. III. Of the government of the state. IV. Of the government of counties, cities and towns. V. Of the definition and sources of law; the common law; the publication and 6f£ect of the codes; and the express repeal of statutes. En. March 12, 1872. Mode of citing: Post, sec. 20. 05) THE POLITICAL CODE OF THE STATE OF CALIFORNIA. PRELIMINARY PROVISIONS. § 2. When code takes effect. § 3. Not retroactive. § 4. Construction of the Political Code. § 5. Provisions similar to existing laws, how construed. § 6. Tenure of offices preserved. § 7. Construction of repeal as to certain offices. § S. Actions, etc., not affected by this code. § 9. Limitations shall continue to run. § 10. Holidays. § 11. Same § 12. Computation of time. § 13. Certain acts not to be done on holidays. § 14. Seal defined. § 15. Joint authority. § 16. Words and phrases. § 17. Words and terms use'd In the Political Code, definition of. § 18. Statutes, laws or rules inconsistent with code repealed. § 19. Certain statutes preserved. § 20. This act, how cited, etc. § 2. When code takes effect. This code takes effect at twelve o'clock, noon, of the first day of January, eighteen hundred and seventy-three. En. March 12, 1872. Same provision: Sec. 2 of the other codes. Existing enactments — and proceedings, how effected: Post, sees. 8, 18. Effect of the codes: Post, sees. 3-19 inclusive, and sees, 4478-4484. Publication of the codes: Post, sec. 4494. Operation of statutes: Post, sees. 323-330. Promulgation of statutes: Post, sees. 318, 526-528. § 3. Not retroactive. No part of it is retroactive, un less expressly so declared. En. March 12, 1872. Gal. Rep. Git. 74, 555; 98, 438; 106, 680; 116, 522. Same provision: Sec. 3 of the other codes. Accrued rights — not affected: Post, sees. 8, 18. Impairing vested rights: See post, sec. 8. (18) 17 PRELIMINARY PROVISIONS. 58 *-» § 4. Construction of the Political Code. The rule of the common law, that statutes in derogation thereof are to be strictly construed, has no application to this code. The code establishes the law of this state respecting the sub- jects to which it relates, and its provisions and all pro- ceedings under it are to be liberally construed, with a view to effect its o'bjects and to promote justice. En. March 12, 1872. Cal. Rep. Cit. 49, 274; 105, 558; 132, 535; 139, 692. Similar provision: Sec. 4 of the other codes. § 5. Provisions similar to existing laws, how construed. The provisions of this code, so far as they are substan- tially the same as existing statutes, must be construed as continuations thereof, and not as new enactments. En. March 12, 1872. Cal. Rep. Cit. 76, 636. Similar provision: Sec. 5 of the other codes. § 6. Tenure of offices preserved. All persons who, at the time this code takes effect, hold office under any of the acts repealed, continue to hold the same according to the tenure thereof, except those officers which are not con- tinued by one of the codes adopted at this session of the legislature, and excepting offices filled by appointment. En. March 12, 1872. Am'd. 1873-4, 3. Cal. Rep. Cit. 49, 411. Similar provision: Code Civ. Proc, sec. 6. Offices not continued — by codes: Post, sec. 7. § 7. Construction of repeal as to certain offices. When any office is abolished by the repeal of any act, and such act is not in substance re-enacted or continued in either of the four codes, such office ceases at the time the codes take effect. En. March 12, 1872. Same provision: Code Civ. Proc, sec. 7. Repeals by implication: See post, sec. 18. § 8. Actions, etc., not affected by this code. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions, but the proceedings therein must conform to the requirements of this code as far as applicable. En. March 12, 1872. Similar provisions: Civ. Code, sec. 6; Code Civ. Proc, sec. 8; Pen. Code, sec. 6. Pol. Code— 2 §§ 9-n PRELIMINARY PROVISIONS. tt § 9. Limitations sliaii continue to run. When a limita- tion or period of time prescribed in any existing statute for acquiring a right or barring a remedy, or for any other purpose, has begun to run before this code goes into effect, and the same or any limitation is prescribed in this code, the time which has already run shall be deemed part of the Lime prescribed as such limitation by this code. En. March 12, 1872. Am'd. 1873-4, 1. Same provision: Code Civ. Proc, sec. 9. Limitations of civil actions: See Code Civ. Proc, sees. 312-363. § 10. Holidays. Holidays, within the meaning of this code, are every Sunday, the first day of January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September, the first Monday. in September, the twenty-fifth day 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 January, the twenty-second day of February, the thirtieth day of May, the fourth day of July, the ninth day of September or the twenty-fifth day of December fall upon a Sunday, the Monday following is a holiday. Every Saturday from twelve o'clock noon until twelve o'clock midnight is a holiday as regards the transaction of business in the pub- lic offices of this state, and also in political divisions there- of where laws, ordinances, or charters provide that pub- lic offices may be closed on holidays; provided, this shall not be construed to prevent or invalidate the issuance, fil- ing, service, execution, or recording of any legal process or written instrument whatever on such Saturday after- noons. En. March 12, 1872. Am'd. 1880, 49; 1889, 47; 1893, 187; 1897, 13; 1905, 92. Cal. Rep. Cit. 147, 776. Similar provisions: Civ. Code, sec. 7; Code Civ. Proc, sec. 10. § 11. Same. If the first day of January, the twenty- second day of February, the fourth day of July, or the twenty-fifth day of December fall upon a Sunday, the Mon- day following is a holiday. En. March 12, 1872. Am'd. 1873-4, 2. Similar provisions: Civ. Code, sees. 7, 8; Code Civ. Proc, sees. 10, 11. Holidays, when counted: See sec. 13. 19 PRELIMINARY PROVISIONS. 8§ 12-16 § 12. Computation of time. The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last 'day is a holiday, and then it is also excluded. En. March 12. 1872. Cal. Rep. Cit. 114, 483; 131, 594. Same provision: Civ. Code, sec. 10; Code Civ. Proc, sec. 12. Time, how computed, and year, week, and day defined: See post, sees. 3255 et seq. § 13, Certain acts not to be done on iioiidays. When- ever any act of a secular nature, other than a work of necessity or mercy, is appointed by law or contract to be performed upon a particular day, which day falls upon a holiday, such act may be performed upon the next busi- ness day with the same effect as if it had been performed upon the day appointed. En. March 12, 1872. Cal. Rep. Cit. 114, 483; 136, 193. Same provision: Civ. Code, sec. 11; Code Civ. Proc, sec. 13. § 14. Seal defined. When the seal of a court, public oflicer or person is required by law to be affixed to any paper, the word "seal" includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. En. March 12, 1872. Same provision: Code Civ. Proc, sec. 14. Private writings — seals for: See Code Civ. Proc, sees. 1929-1934. Abolition of distinction between sealed and unsealed instruments: See Civ. Code, sec. 1629; Code Civ. Proc, sec. 1932. Impression of seal — sufficient: See Civ. Code, sec. 1628. Seals of courts: See Code Civ. Proc, sees. 147-153. § 15. Joint autliority. Words giving a joint authority to three or more public officers, or other persons, are con- strued as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the au- thority. En. March 12, 1872. Cal. Rep. Cit. 54, 293; 105, 627; 105, 629. Same provision: Civ. Code, sec. 12; Code Civ. Proc, sec. 15. § 16. Words and phrases. Words and phrases are con- strued according to the context and the approved usage of the language; but technical words and phrases, and such others as have acquired a peculiar and appropriate mean- § 17 PRELIMINARY PROVISIONS. ^ ing in law, or are defined in the succeeding section, are to be construed according to such peculiar and appropriate meaning or definition. En. March 12, 1872. Same provisions: Civ. Code, sec. 13; Code Civ. Proc, sec. 16. Words of a contract — how interpreted: See Civ. Code, sec. 1644. Terms of a writing — how construed: See Code Civ. Proc, sec. 1861. Technical words: See Civ. Code, sec. 1645. § 17. Words and terms used in the Political Code, defini- tion of. Words used in this code ,in the present tense in- clude 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 sin- gular; the word "person" includes a corporation as well as a natural person; writing includes printing and type- writing; oath includes affirmation or declaration; every mode of oral statement under oath or affirmation is em- braced by the term "testify," and every written one in the term "depose"; signature or subscription includes mark, when the person cannot write, his name being writ- ten near it by a person who writes his own name as a wit- ness; 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 wit- nesses thereto. The following words, also, have in this code the significa- tion attached to them in this section, unless otherwise ap- parent from the context: One — The word "property" includes both real and per- sonal property; Two — The words "real property" are coextensive with lands, tenements, and hereditaments; Three — The words "personal property" includes money, goods, chattels, things in action, and evidences of debt; Four — The word "month" means a calendar month, un- less otherwise expressed; pive — The word "will" includes codicil; Six — The word "writ" signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued In the course of judicial proceedings; Seven — The word "vessel," when used with reference to shipping, Includes ships of all kinds, steamboats, and steamships, canal-boats, barges, and every structure 21 PRELIMINARY PROVISIONS. 55 U. W adapted to be navigated from place to nlace for the trans- portation of merchandise or persons; Eight — The term "peace officer" signifies any one of the officers mentioned in section eight hundred and seventeen of the Penal Code; Nine — The term "magistrate" signifies any one of the officers mentioned in section eight hundred and eight of the Penal Code; Ten— The word "state," when applied to the different parts of the United States, includes the District of Colum- bia 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 mentioned. En. March 12, 1872. Am'd. 1873-4, 2; 1905, 129. Cal. Rep. Cit. 54, 35; 62, 116; 92, 614. Similar provisions: Civ. Code, sec. 14; Code Civ. Proc, sec. 17; Pen. Code, sec. 7. Words used in boundaries are defined in sections 3903 to 3907 of this code. § 18. Statutes, laws or rules inconsistent with code re- pealed. No statute, law, or rule is continued in force because it is consistent with the provisions of this code, on the same subject, but in all cases provided for by this code all statutes, laws, and rules heretofore in force in this state, whether consistent or not with the provisions of this code, unless expressly continued in force by it, are repealed and abrogated. This repeal or abrogation does not revive any former law heretofore repealed, nor does it affect any right already existing or accrued, or any action or proceeding already taken, except as in this code provided; nor does it affect any private statute not expressly repealed. En. March 12, 1872. Cal. Rep. Cit. 49, 412; 70, 505; 70, 506; 70, 507; 74, 510; 142, 56. Same provision: Civ. Code, sec. 20; Code Civ. Proc, sec. 18. Repealing statutes — And repeals generally: Post, sees. 327-329, 4504, 4505. Statutes continued in force: Post, sec. 19. The repeal of a repealing act does not revive the original act: See post, sec. 328. Vested rights: See sec. 8. § 19. Certain statutes preserved. Nothing in either of the four codes affects any of the provisions of the follow- i 19 PRELIMINARY PROVISIONS. 22 ing statutes, but such statutes are recognized as con- tinuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws: 1. All acts incorporating or chartering municipal cor- porations, and acts amending or supplementing such acts; 2. All acts consolidating cities and counties, and acts amending or supplementing such acts; 3. All acts for funding the state debt, or any part thereof, and for issuing state bonds, and acts amending or supple- menting such acts; 4. All acts regulating and in relation to rodeos; 5. All acts in relation to judges of the plains; 6. All acts creating or regulating boards of water com- missioners and overseers in the several townships or counties of the state; 7. All acts in relation to a branch state prison; 8. An act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight; 9. An act for the suppression of Chinese houses of ill- fame, approved March thirty-first, eighteen hundred and sixty-six; 10. An act relating to the home of the inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the oflBcers thereof, approved April first, eighteen hundred and seventy; 11. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six; 12. An act to prevent the destruction of fish in the wa- ters of Bolinas Bay, in Marin County, approved March thirty-first, eighteen hundred and sixty-six; 13. An act concerning trout in Siskiyou County, approved April second, eighteen hundred and sixty-six; 14. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight; 15. An act to prevent the destruction of fish and game in, upon, and around the waters of Lake Merritt, or Peralta, in the county of Alameda, approved March eighteenth, eighteen hundred and seventy; 16. An act to regulate salmon fisheries in Eel river, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine; 23 PRELIMINARY PROVISIONS. 5 M 17. An act for the better protection of stock-raisers in the counties of Fresno, Tulare, Monterey and Mariposa, approved March twentieth, eighteen hundred and sixty-six; 18. An act concerning oysters, approved April twenty- eighth, eighteen hundred and fifty-one; 19. An act concerning oyster-beds, approved April sec- ond, eighteen hundred and sixty-six; 20. An act concerning gas companies, approved April fourth, eighteen hundred and seventy; 21. An act to empower the board of supervisors of the several counties of the state to aid in the construction of a railroad in their respective counties, approved April fourth, eighteen hundred and seventy; 22. An act supplemental to the act mentioned in the pre- ceding subdivision, approved April fourth, eighteen hun- dred and seventy; 23. All acts in relation to lawful fences, estrays, and the trespassing of animals upon private property; 24. An act for the relief of insolvent debtors and the protection of creditors, approved May fourth, eighteen hun- dred and sixty-two, and the acts amending and supple- menting such act; 25. All acts in relation to taxation for local purposes; 26. All acts dividing counties into collection and assess- ment districts; 27. All acts allowing county or city and county officers to appoint deputies, clerks and subordinate officers, in so far as such acts authorize the appointment and fix the compensation of such deputies, clerks and subordinate officers. En. March 12, 1872. Cal. Rep. Cit. 45, 695; 46, 481; 46, 483; 50, 118; 51, 297; 58, 565; 61, 207; 64, 234; 64, 238; 64, 240; 67, 593; 70, 505; 70, 506; 70, 507; 114, 562. Subd. 1—53, 572. Subd. 2—53, 572. Subd. 20—139, 183. Subd. 23—79, 320. Subd. 25—53, 572. Similar provisions: Pen. Code, sec. 23. Further instances — of continued statutes: See post, sees. 697, 1415, subd. 4, and sees. 4331, 4442. § 20. This act, how cited, etc. This act, whenever cited, enumerated, referred to, or amended, may be desig- nated simply as the Political Code, adding, when neces- sary, the number of the section. En. March 12, 1872. Cal. Rep. Cit. 46, 481. Title of the act: See ante, sec. 1. PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS JURISDICTION. (25) PART I. OF THE SOVEREIGNTY AND PEOPLE OF THE STATE, AND OF THE POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO ITS JURISDIC- TION. Title I. Sovereignty of the State, §§ 30-44. II. Persons Composing the People of the State, §§ 50-52. III. Political Rights and Duties of all Persons Sub- ject to the Jurisdiction of the State, §§ 54-60. TITLE I. SOVEREIGNTY OF THE STATE. Chapter I. Residence of Sovereignty, § 30, II. Territorial Jurisdiction of the State, §§ 33, 34. III. General Rights of the State over Persons, § 37. IV. General Rights of the State over Property, §§ 40-44. CHAPTER I. RESIDENCE OF SOVEREIGNTY. § 30. Sovereignty resides In the people. § 30. Sovereignty resides in the people. The sov- ereignty of the state resides in the people thereof, and all writs and processes must issue in their name. En. March 12, 1872. People of state — political supremacy of: See Const. Cal., art. I, sec. 2. Rights of: See Const. Cal., art. I, sees. 10, 19, 23. Style of process: See Const. Cal., art. VI, sec. 20. Prose- cutions in name of people: See Const. Cal., art. VI, sec. 20. State sovereignty; state inseparable part of Union: Const. Cal., art. I, sec. 3. Federal constitution supreme law of land: lb. (26) 27 GENERAL RIGHTS OF STATE OVER PERSONS. 5§ 33-37 CHAPTER II. TERRITORIAL, JURISDICTION OF THE STATE. § 33. Territorial jurisdiction; limitations on. § 34. Purchase, etc., of lands by United States for public use. § 33. Territorial jurisdiction; limitations on. The sov- ereignty and jurisdiction of this state extends to all places within its boundaries as established by the constitution, but the extent of such jurisdiction over places that have been or may be ceded to, purchased or condemned by the United States, is qualified, by the terms of such cession, o:- the laws under which such purchase or condemnation has been or may be made. En. March 12, 1872. Boundary of state: Const. Cal., art. XXI, sec. 1. Purchase or condemnation by United States: Post, sec. 34. § 34. Purchase, etc., of lands by United States for pub- lic use. The legislature consents to the purchase or con- demnation by the United States of any tract of land within the state for the purpose of erecting forts, maga- zines, arsenals, dockyards, and other needful buildings, upon the express condition that all civil process issued from the courts of this state, and such criminal process as may issue under the authority of this state, against any person charged with crime, may be served and exe- cuted thereoa in the same mode and manner and by the same ofllcers as if the purchase or condemnation had not been made. En. March 12, 1872. Lighthouses — and other aids to navigation, submarine sites for: See Stats. 1874, p. 621. CHAFTE-t 111. GENERAL. RIGHTS OF THE STATE OVER PERSONS. § 37. Rights over persons enumerated. § 37. Rights over persons enumerated. The state has the following rights over persons within its limits, to be exercised in the cases and in the manner provided by law: 1. To punish for crime; 2. To imprison or confine for the protection of the pub- lic peace or health, or of individual life or safety; §§ 40, 41 GENERAL, RIGHTS OF STATE OVER PROPERTY. 28 3. To imprison or confine for the purpose of enforcing civil remedies; 4. To establish custody and restraint for the persons of idiots, lunatics, drunl^ards, and other persons of unsound mind; 5. To establish custody and :-estraint of paupers for the purposes of their maintenance; 6. To establish custody and restraint of minors unpro- vided for by natural guardians, for the purposes of their education, reformation and maintenance; 7. To require services of persons, with or without com- pensation: In military duty; in jury duty; as witnesses; as town or village ofiicers; in highway labor; in main- taining the public peace; in enforcing the service of pro- cess; in protecting life and property from fire, pestilence, wreck and flood; and in such other cases as are pi'ovided by statute. En. March 12, 1872. Cal. Rep. Cit. 105, 508. Declaration of rights of people: Const. Cal., art. I, sees. 1-24. Police powers of state: Post, sees. 2949-3387. OHAPTBR IV. GENERAL RIGHTS OF THE STATE OVER PROPERTY. § 40. Original and ultimate title. § 41. Property escheats, when. § 42. Intruders on public lands of the state. § 43. Acquisition by taxation and assessment. § 44. By right of eminent domain. § 40. Original and ultimate title. The original and ul- timate right to all property, real and personal, within the limits of this state, is in the people thereof. En. March 12, 1872. Ownership of property — by state: Civ. Code, sees. 669, 670. Property escheats, when: Post, sec. 41. Eminent domain: Post, sec. 44. * § 41. Property escheats, when. All property, real and personal, within the limits of this state, which does not rjelongto any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, It reverts to the people. En. March 12, 1872. 29 PEOPLE OF THE STATE. §§ 42-50 Lands owned by state': Civ. Code, sees. 669, 670. Escheated estates: See Code Civ. Proc, sees. 1269-1272. Unclaimed realty of aliens escheats to state: Civ. Code, sees. 672, 1404, 1405. Duty of controller as to: Post, sec. 437. Duty of attorney general as to: Post, sec. 474. - § 42. Intruders on public lands of the state. If any person, under any pretense of any claim inconsistent with the sovereignty and jurisdiction of the state, intrudes upon any of the waste or ungranted lands of the state, the district attorney of the county must immediately re- port the same to the governor, who must thereupon, by a written order, direct the sheriff of the county to remove the intruder; and if resistance to the execution of the order is made or threatened, the sheriff may call to his aid the power of the county, as in cases of resistance to the writs of the people. En. March 12, 1872. Sheriff may call to his aid the power of the county: Post, sec. 4176, subd. 5. § 43. Acquisition by taxation and assessment. . The state may acquire property by taxation in the modes au- thorized by law. En. March 12, 1872. Revenue and taxation: Const. Cal., art. XITI, sees. 1-13; post, sees. 3607-3900. § 44. By right of eminent domain. It may acquire or authorize others to acquire title to property, real or per- sonal, for public use, in the cases and in the mode pro- vided in title VII. part III, of the Code of Civil Procedure. En. March 12, 1872. Eminent domain: See Code Civ. Proc, sees. 1237-1263. Corporations subject to: Const. Cal., art. XII, sec. 8. Water-Frontages, subject to: Const. Cal., art XV, sec. 1. TITLE II. PERSONS COMPOSING THE PEOPLE OF THE STATE. § 50. Who are the people. § 51. Who are citizens. § 52. Residence, rules for determining. § 50. Who are the people. The people, as a political body, consist: 1. Of citizens who are electors; 55 51, 52 PEOPLE OF THE STATE. SO 2. Of citizens not electors. En. March 12, 1872. Cal. Rep. Cit. 66, 44. Sovereignty resides in the people: Ante, sec. 30. § 51. Who are citizens. The citizens of the state are: 1. All persons born in this state and residing within it, except the children of transient aliens and of alien public ministers, and consuls; 2. All persons born out of this state who are citizens of tl 3 United States and residiivg within this state. En. March 12, 1872. Cal. Rep. Cit. 66, 44. Citizens — allegiance of: Post, sees. 55, 56. When quali- fied electors: Post, sees. 1083, 1084. Persons not citizens: Post, sees. 54, 57, 60. Allegiance defined: Post, sees. C5, 56. § 52. Residence, rules for determining. Every person has, in law, a residence. In determining the place of resi- dence the following rules are to be observed: 1. It is the place where one remains when not called elsewhere for labor or other special or temporary pur- pose, and to which he returns in seasons of repose; 2. There can only be one residence; 3. A residence cannot be lost until another is gained; 4. The residence of the father during his life, and after his death the residence of the mother, while she remains unmarried, is the residence of the unmarried minor child; 5. The residence of the husband is the residence of the wife; 6. The residence of an unmarried minor who has a par- ent living cannot be changed by either his own act or that of his guardian; 7. The residence can be changed only by the union of act and intent. En. March 12, 1872. Cal. Rep. Cit. 82, 634; 104, 625; 120, 638; 137, 427; 145, 690. Subd. 3—145, 328. Suhd. 4—92, 198; 131, 182. Residence for purposes of voting — rules for determining: Post, sec. 1239; Const. Cal., art. II, sec. 4. Absence from state — on official business, does not af- fect question of residence: Const. Cal., art. XX, sec. 12. Same residence for wife as for husband. Divorce, rules inapplicable to actions for: See Civ. Code, sec. 129. 31 POLITICAL, RIGHTS AND DUTIES. 5§ 54-58 Right of husband to select wife's residence: Civ. Code, sees. 103, 104, 156. Residence of unmarried minor — power of guardian to fix residence of ward: Civ. Code, sec. 248. When parent may change residence of child: Civ. Code, sec. 213. TITLE III. POLITICAL RIGHTS AND DUTIES OF ALL PERSONS SUBJECT TO THE JURISDICTION OF THE STATE. § 54. All persons within the state subject to its jurisdiction. § 55. Allegiance. § 56. Allegiance may be renounced. § 57. Persons not citizens. § 5S. Eligibility to office. § 59. Rights and duties of citizens not electors. § 60. Rights and duties of citizens of other states. § 54. All persons within the state subject to its juris- diction. Every person while within this state is subject to its jurisdiction and entitled to its protection. En. March 12, 1872. Rights of the state over persons — within its limits: Ante, sec. 37. § 55. Allegiance. Allegiance is the obligation of fidelity and obedience which every citizen owes to the state. En. March 12, 1872. § 56. Allegiance may be renounced. Allegiance may be renounced by a change of residence. En. March 12, 1872. Residence — rules for determining place of: Ante, sec. 52. § 57. Persons not citizens. Persons in the state not its citizens are either: 1. Citizens of other states; or, 2. Aliens. En. March 12, 1872. Subd. 1. Citizens of other states: See post, sec. 60. Subd. 2. Aliens — resident, control of property by: Const. Cal., art. I, sec. 17. With respect to the rights of resident aliens: See ante, sec. 54; Civ. Code, sees. 671, 1404. Nonresident general rights and unclaimed realty of: See under escheated estates, ante, sec. 41. § 58. Eligibility to office. Every elector is eligible to the oflace for which he is an elector, except where other- §§ 59, 60 POLITICAL, RiaHTS AND DUTIES. tt -wise specially provided; and no person is eligible who is not such an elector, except when otherwise specially pro- vided. En. March 12, 1872. Am'd. 1891, 29. Qualified elector — who is: Post, sec. 1083. Ineligible to office — persons who are: Post, sees. 841, 842. § 59. Rights and duties of citizens not electors. An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding and electing to office. En. March 12, 1872. § 60. Rights and duties of citizens of other states. A citizen of the United States, who is not a citizen of this state, has the same rights and duties as a citizen of this state not an elector. En. March 12, 1872. Cal. Rep. Cit. 66, 44. PART II. OF THE CHIEF POLITICAL DIVISIONS, THE SEAT OF GOVERNMENT, AND LEGAL DISTANCES OF THE STATE. (33) PART II. OF THE CHIEF POLITICAL DIVISIONS, THE SEAT OF GOVERNMENT, AND LEGAL DISTANCES OF THE STATE. TITLE I. CHIEF POLITICAL DIVISIONS OF THE STATE. Chapter I. Counties, § 75. II. Senatorial Districts, §§ 78-106. Superseded. III. Congressional Districts, § 117. Superseded. IV. Judicial Districts, §§ 125-142. Repealed. CHAPTER I. DIVISION OF STATE INTO COUNTIES. § 75. The state is divided into counties; the names, boundaries and territorial subdivisions thereof are as de- clared in part IV of this code. En. March 12, 1872. See post, sees. 3901 et seq. CHAPTER II. SENATORIAL DISTRICTS. §§ 78 to 106, En. March 12, 1872, were superseded by an act entitled: "An act to define the senatorial and assembly districts of this state, and to apportion the representation thereof." Approved March 16, 1874; Stats. 1873-4, 366. Later acts defining senate and assembly districts: See act approved March 11, 1891; Stats. 1891, p. 71. This act was superseded by the act of March 21, 1901, Stats. 1901, p. 535. CHAPTER III. CONGRESSIONAL DISTRICTS. § 117, En. March .12, 1872, was superseded by an act en- titled: "An act to divide the state into congressional dis- tricts." Approved March 30, 1872; Stats. 1871-2, p. 714. Later acts: See act dividing congressional districts, ap- proved March 11, 1891, Stats. 1891, p. 84. This act was superseded ^V the act of March 23, 1901, Stats. 1901, p. 548. (34) 85 JUDICIAL DISTRICTS— LEGAL DISTANCES. §§ 125-145 CHAPTER IV. JX'DICIAL DISTRICTS. §§ 125-142. (Repealed.) En. Marcli 12, 1872. [Sec. 132, amended 1875-6, 1.] All these sections repealed Feb. 13, 1880; 1880, 1. Chapter four, of titl- one, part two, of the Political Code, and all other laws and parts of laws creating judicial districts in this state, defining boundaries thereof, or pro- viding terms of courts therein, are hereby repealed. [Stats. 1880, p. 1.] Repealed chapter comprised sees. 125-142; repeal con- formed to Const. Cal., art. XXII, sec. 3. TITLE II. SEAT OF GOVERNMENT. § 145. Locate-d at Sacramento. § 145. Located at Sacramento. The seat of government of this state is at the city of Sacramento. En. March 12, 1872. Seat of government, Sacramento declared to be: See Const. Cal., art. XX, sec. 1. TITLE III. LEGAL DISTANCES IN THE' STATE. Title III, part II, is hereby amended so as to read as follows : § 150. Legal distances. § 151. Froni Alameda County seat. § 152. From Alpine County seat. § 153. From Amador County seat. § 154. From Butte County seat. § 155. From Calaveras County seat. § 156. From Colusa County seat. § 157. From Contra Costa County seat. § 15S. From Del Norte County seat. § 159. From El Dorado County seat. § 160. From Fresno County seat. § 161. From Glenn County seat. § 162. From Humboldt County seat. § 163. From Inyo County seat. I 164. From Kern County seat. § 165. From Kings County seat. § 166. From Lake County seat. § 167. From Lassen County seat. ' § 168. From Los Angeles County seat. § 169. From Madera County seat. §§ 150-153 LEGAL DISTANCES IN THE STATE. 3n § 170. From Marin County seat. § 171. From Mariposa County seat. § 172. From Men'docino County seat. § 173. From Merced County seat. § 174. From Modoc County seat. § 175. From Mono County seat. § 176. From Monterey County seat. § 177. From Napa County seat. § 178. Fiom Nevada County seat. § 179. From Orange County seat. § ISO. From Placer County seat. § 181. From Plumas County seat. § 1S2. From Riverside Ceunty seat. § 1S3. From Sacramento County seat. § 184. Fi'om San Benito County seat. . § 185. From San Bernardino County seat. § 186. From San Biego County seat. § 1S7. From San Francisco County seat. § 1S8. From San Joaquin County seat. • § 189. From San Luis Obispo County seat. § 190. From San Mateo County seat. , § 191. From Santa Barbara County seat. § 192. From Santa Clara County seat. § 193. From Santa Cruz Ccunty seat. § 194. From Shasta County seat. § 195. Froin Sierra County seat. § 19C. From Siskiyou County seat. § 197. From Solano County seat. § 198. From Sonoma County seat. § 199. From Stanislaus County seat. § 200. From Sutter County seat. § 201. From Tehama County seat. § 202. From Trinity County seat. § 203. From Tulare County seat. § 204. From Tuolumne County seat. 8 205. From Ventura Covmty seat. § 206. From Yolo County seat. § 207. From Tuba County seat. § 208. Mileage, how computed. § 150. Legal distances. The legal distances in this state are fixed as follows. En. March 12, 1872. Am'd. 1875-6, 3. Legal distances — basis of mileage: Post, sec. 208. § 151. From Alameda County seat. From the county seat of Alameda County to Sacramento, eighty-four (84) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. § 152. From Alpine County seat. From the county seat of Alpine County to Sacrainonto, two hundred and twenty- five (225) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. § 153. From Amador County seat. From the county seat of Amador County to Sacramento, fifty-nine (59) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. S7 LEGAL DISTANCES IN THE STATE. §§ 154-16:i § 154. From Butte County seat. From the county seat of Butte County to Sacramento, eighty-six (8G) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. § 155. From Calaveras County seat. From the county seat of Calaveras County to Sacramento, seventy-three (73) mile.s. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. § 156. From Colusa County seat. From the county seat of Colusa County to Sacramento, seventy-seven (77) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. Cal. Rep. Cit. 5o, 128. § 157. From Contra Costa County seat. From the coun- ty seat of Contra Costa County to Sacramento, sixty-two (62) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1877-8, i; 1903, 330. § 158. From i iel Norte County seat. From the county seat of Del Norte County to Sacramento, three hundred and sixty-four (364) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. § 159. From El Dorado County seat. From the county seat of El Dorado County to Sacramento, sixty (60) miles. En. March 12, 1872. Am'd. 1875-6, 3; 1903, 330. Cal. Rep. Cit. 55, 128. § 160. From Fresno County seat. From the county seat of Fresno County to Sacramento, one hundred and sixty- nine (169) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 161. From Glenn Ccunty seat. From the county seat of Glenn County to Sacramento, eighty-eight (88) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 162. From Humboldt County seat. From the county seat of Humboldt County to Sacramento, three hundred and twelve (312) miles. En. March 12, 1872. Am'd. 1873-4, 61; 1875-6, 4; 1903, 330. § 163. From Inyo County seat. From the county seat of Inyo County to Sacramento, four hundred and s xty-six .(466) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. §§ 164-173 LEGAL DISTANCES IN THE STATE. IS § 164. From Kern County seat. From the county seat of Kern County to Sacramento, two hundred and seventy- eight (278) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 165. From Kings County seat. From the county seat of Kings County to Sacramento, two hundred and fourteen (214) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 166. From Lake County seat. From the county seat of Lake County to Sacramento, one hundred and sixty (160) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 167. From Lassen County seat. From the county seat of Lassen County to Sacramento, two hundred and sixty (260) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 168. From Los Angeles County seat. From the coun- ty seat of Los Angeles County to Sacramento, four hun- dred and forty-seven (447) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 169. From Madera County seat. From the county seat of Madera County to Sacramento, one hundred and forty- seven (147) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 170. From Marin County seat. From the county seat of Marin County to Sacramento, one hundred and fivo (105) miles. En. March 12, 1872. Am'd. 1875-6, 4; 1903, 330. § 171. From Mariposa County seat. From the county seat of Mariposa County to Sacramento, one hundred and eighty (180) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 172. From Mendocino County seat. From the county seat of Mendocino County to Sacramento, one hundred and fifty (150) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 173. From Merced County seat. From the county seat of Merced County to Sacramento, one hundred and four- teen (114) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. 89 LEGAL, DISTANCES IN THE STATE. §§ 174-184 § 174. From Modoc County seat. From the county seat of Modoc County to Sacramento, three hundred and twen- ty-four (324) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 175. From Mono County seat. From the county seat of Mono County to Sacramento, two hundred and ninety- six (296) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 176. From Monterey County seat." From the county seat of Monterey County to Sacramento, two hundred and eight (208) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 177. From Napa County seat. From the county seat of Napa County to Sacramento, sixty-one (61) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 178. From Nevada County seat. From the county seat of Nevada County to Sacramento, seventy-seven (77) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 179. From Orange County Seat. From the county seat of Orange County to Sacramento, four hundred and eighty-one (481) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 180. From Placer County seat. From the county seat of Placer County to Sacramento, thirty-seven (37) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 181. From Plumas County seat. From the county seat of Plumas County to Sacramento, one hundred and thirty-six (136) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1877-8, 1; 1903, 330. § 182. From Riverside County seat. From the county seat of Riverside County to Sacramento, five hundred and twelve (512) miles. En. March 12, 1872. Am'd. 1875-6, 5; 1903, 330. § 183. From Sacramento County seat. From the county seat of Sacramento to the state capitol, one (1) mile. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 184. From San Benito County seat. From the county seat of San Benito County to Sacramento, one hundred §§ 1S5-194 LEGAL, DISTANCES IN THE STATE. 40 and seventy-three (173) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. S 185. From San Bernardino County seat. From the county seat of . i.n Bernardino County to Sacramento, five hundred and eight (508) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 186. From San Diego County seat. From the county seat of San Diego County to Sacramento, five hundred and seventy-three (573) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 187. From San Francisco County seat. From the city of San Francisco to Sacramento, ninety (90) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 188. From San Joaquin County seat. From the county seat of San Joaquin County to Sacramento, forty-eight (48) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 189. From San Luis Obispo County seat. From the county seat of San Luis Obispo County to Sacramento, three hundred and forty-three (343) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 190. From San Mateo County seat. From the county seat of San Mateo County to Sacramento, one hundred and nineteen (119) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 191. From Santa Barbara County seat. From the county seat of Tanta Barbara County to Sacramento, four hundred and sixty (460) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 192. From Santa Clara County seat. From the county seat of Santa Clara County to Sacramento, one hundred and twenty-eight (128) miles. En. March 12, 1872. Am'd. 1875-6, 0; 1903, 330. § 193. From Santa Cruz County seat. From the county seat of Santa Cruz County to Sacramento, one hundred and ninety-eight (198) miles. En. March 12, 1872. Am'd. 1875-6, 6; 1903, 330. § 194. From Shasta County seat. From the county seat of Shasta County to Sacramento, one hundred anj seventy- 41 LEGAL, DISTANCES IN THE STATE. §§ 195-205 one (171) miles. En. March 12, 1872. Am'd. 1873-4, 3; 1875-6, 6; 1903, 330. § 195. From Sierra County seat. From the county seat of Sierra County lo Sacramento, one hundred and nineteen (119) miles. En. March 12, 1872. Am'd. 1875-6, 7; 1903, 330. § 196. From Siskiyou County seat. From the county seat of Siskiyou County to Sacramento, two hundred and ninety-five (295) miles. En. March 12, 1872. Am'd. 1875-6, 7; 1903. 330. § 197. From Solano County seat. From the county seat of Solano County to Sacramento, forty (40) miles. En. March 12, 1872. Am'd. 1875-6, 7; 1903, 330. § 198. From Sonoma County seat. From the county seat of Sonoma County to Sacramento, ninety (90) miles. En. March 12, 1872. Am'd. 1875-6, 7; 1903, 330. § 199. From Stanislaus County seat. From the county seat of Stanislaus County to Sacramento, seventy-seven (77) miles. En. March 12, 1872. Am'd. 1875-6, 7; 1877-8, 2; 1903, 330. § 200. From Sutter County seat. From the county seat of Sutter County to Sacramento, fifty-eight (58) miles. EH. March 12, 1872. Am'd. 1875-6, 7; 1903, 330. § 201. From Tehama County seat. From the county seat of Tehama County to Sacramento, one hundred and thirty-five (135) miles. En. March 12, 1872. Am'd. 1875-6, 7; 1903, 330. § 202. From Trinity County seat. From the county seat of Trinity County to Sacramento, two hundred and seven- teen (217) miles. En. Stats. 1875-6, 7. Am'd. 1903, 330. § 203. From Tulare County seat. Prom the county seat of Tulare County to Sacramento, two hundred and six (206). En. Stats. 1875-6, 7. Am'd. 1903, 330. § 204. From Tuolumne County seat. From the county seat of Tuolumne County to Sacramento, one hundred and twenty-five (125) miles. En. Stats. 1903, 334. § 205. From Ventura County seat. From the county seat of Ventura Country to Sacramento four hundred and ninety (490) miles. En.-Stats. 1903, 334, §§ 206-208 LEGAL. EISTANCES IN THE STATE, <1 § 206. From Yolo County seat. From the county seat of Yolo County to Sacramento, twenty-three (23) miles. En. Stats. 1903, 334. § 207. From Yuba County seat. From the county seat of Yuba County to Sacramento, fifty-two (52) miles. En. Stats. 1903, 334. § 208. Mileage, how computed. When mileage is al- lowed by law to any person, the distance must be computed as herein fixed. En. Stats. 1903, 334. PAKT III. OF THE GOVERNMENT OF THE STATE. inted and hpld their offices as prescribe^! in title VII. part III. of this code. En. March 12. 1872. Cal. Rep. Cit. 79. 112. Health regulations of San Francisco: See post. sees. 3004-3035. § 361. Sacramento board of health. The members of the board of health of Sacramento are appointed and hold their offices as prescribed in title VII. of part III. of this covle. En. March 12. 1872. Health regulations of Sacramento: See post, sees. 3042- 3049. § 362. Harbor commissioners. Harbor commissioners are elected and appointed, and hold their offices as pre- scribed in title VI. of part III. of this code. En. March 12. 1S72. Cal. Rep. Cit. 47. 447. Harl)or commissioners: See post, sees, 2520-2608. § 363. San Francisco marine board. (Repealed.) En. March 12. IS72. Kep. 1875-6. 14. § 364. Board of examiners. The board of examiners shall consist of the governor, the secretary of state, the 73 EXECUTIVE OFFICERS. §§ 365-370 attorney-general, and the secretary of the board, who shall be ex-officio member, to act only in the absence from the state capital of any two of the members. En. March 12, 1872. Am'd. 1893, 182. Board of examiners: See post, sees. G54-685. § 365. State board of tide land commissioners. (Re- pealed.) En. March 12, 1872. Rep. 1875-6, 15. § 366. State capitol commissioners. The governor, secretary of state, and treasurer constitute the board of state capitol commissioners. En. March 12, 1872. Duty of state capitol commissioners: See post, sec. 697. § 367. State prison directors. The governor, lieutenant- governor, and secretary of state constitute the board of state prison directors; and the lieutenant-governor is warden of the state prison. En. March 12, 1872. § 368. Officers appointed by governor. The following executive officers are appointed by the governor, with the consent of the senate: 1. The inspector of gas meters; the trustees of the state burying-grounds. 2. The directors of the insane asylum; the trustees of the asylum for the deaf, dumb, and blind; the port war- dens; the insurance commissioner; the members of the state board of health; a vaccine agent. 3. The commissioner of immigration; the pilot commis- sioners; the pilots for each harbor where there is not a board of pilot commissioners; the fish commissioners; the state geologist; the tide land commissioners. En. March 12, 1872. Cal. Rep. Cit. 49, 411; 76, 634; 76, 638; 83, 455. Inspector of gas meters: See post, sec. 577. § 369. Term of office of officers mentioned in preceding section. The officers enumerated in the first subdivision of the last section hoM their offices for the term of two years; those in the second division, for the term of four years; and those in the third subdivision, during the governor's pleasure. En. March 12, 1872. Cal. Rep. Cit. 49, 411; 76, 635; 83, 455. § 370. Private secretary and clerk of governor. The private secretary and executive clerk of the governor are §§ 371, 3S0 EXECUTIVE OFFICERS. T4 appointed by him, and hold their offices at his pleasure. En. March 12, 1872. § 371. Deputies and clerks. All deputies and clerks named in this article, whose appointments and terms of office are not otherwise provided for, are appointed by and hold office at the pleasure of their principals. En. March 12, 1872. ARTICLE III. OF THE GOVERNOR. § 3S0. General duties. § 3S1. To transmit list o*' appointments to legislature. § 382. Records in office of. § 3S3. Persons acting as governor. § 3S4. Salary of governor. § 3S5. Salary of private secretary. § 3S6. Salary of executive secretary. § 380. General duties. In addition to those prescribed by the constitution the governor has the power and must perform the duties prescribed in this and the following sections: 1. He is to supervise the official conduct of all executive and ministerial officers; 2. He is to see that all offices are filled and the duties thereof performed, or, in default thereof, apply such rem- edy as the law allows; and if the remedy is imperfect, ac- quaint the legislature therewith at its next session; 3. He is to make the appointments and supply the va- cancies mentioned in this code; 4. He is the sole official organ of communication between the government of this state and the government of any other state or of the United States; 5. Whenever any suit or legal proceeding is pending against this state, or which may affect the title of this state to any property, or which may result in any claim against the state, he may direct the attorney-general to appear on behalf of the state, and may employ such addi- tional counsel as he may judge expedient; C. He may require the attorney-general or district at- torney of any county to inquire into the affairs or manage- ment of any corporation existing under the laws of this state; 75 EXECUTIVE OFFICERS. § 380 7. He may require the attorney-general to aid any dis- trict attorney in the dischai-ge of his duties; 8. He may offer rewards not exceeding one thousand dollars each, payable out of the general fund, for the ap- prehension of any convict who has escaped fron* the state prison, or of any person who has committed or is charged with the commission of an offense punishable with death; 9. He must perform such duties respecting fugitives from justice as are prescribed by chapter' IV, of title XII, of the Penal Code; 10. He must issue and transmit election proclamations, as prescribed in title II, of part III, of this code; 11. He must issue land warrants and patents, as pre- scribed in title VIII, of part III, of this code; 12. He must, on or before the first day of September, in the year eighteen hundred and seventy-three, and in each second year thereafter, deliver to the state printer for publication all biennial reports of officers and boards for the two preceding years; 13. He may require any officer or board to make special reports to him, upon demand, in writing; 14. He may issue arms and accouternients for the use of colleges; 15. He must discharge the duties of member of the board of examiners, of member of the state board of education, of state prison director, of state capitol commissioner, of orphan asylum commissioner, of trustee of state normal school, and of the board of military auditors; 16. He has such other powers and must perform such other duties as are devolved upon him by this code, or any other law of this state. En. March 12, 1872. Cal. Rep. Cit. 114, 58(5. Prescribed by the constitution, powers and duties of governor: See Const. Cal., art. V, sees. 1, 5, 6-11, 13, 14, 20. Pardoning power: Const. Cal., art. VII, sec. 1. Subd. 3. Power to fill vacancies: Const. Cal., art. V, sec. 8. Vacancy, what constitutes: Post, sec. 996. Mode of supplying: Post, sees. 997-1004. Appointing power: See ante, sec. 368. Power over attorney-general: See post, sec. 470. Subd. 9. Fugitives from justice: Pen. Code, sees. 1547- 1558. Subd. 10. Election proclamations: Post, sees. 1053, 1054. §§ 3S1-3S4 EXECUTIVE OFFICERS. 76 Subd. 11. Public lands: Post, sees. 3395-3574. Act authorizing employment of stenographer: See post, Appendix, title Governor. § 381. To transmit list of appointments to legislature. Within ten days after the meeting of the legislature the governor must transmit to it a list of all appointments made by him under the provisions of section 1000. En. March 12, 1872. § 382. Records in office of. The governor must cause to be kept the following records: 1. A register of all applications for pardon or for com- mutation of any sentence, with a list of the official sig- natures and recommendation in favor of each application; 2. A register of statements in capital cases made to him, with his action thereon; 3. An account of .all his official expenses and disburse ments, including the incidental expenses of his depart- ment, and of all rewards offered by him for the appre- hension of criminals and persons charged with crime; 4. A register of all appointments made by him, with date of commission, names of appointee and predecessor; 5. A record of all persons confined in the state prison, showing the name of the convict, his age, and general ap- pearance, when and where convicted, and of what crime, the time of his sentence, and when such time expires. En. March 12, 1872. § 383. Persons acting as governor. Every provision in the laws of this state in relation to the powers and duties of the governor, and in relation to acts and duties to be performed by others toward him, extends to the persons performing for the time being the duties of governor. En. March 12, 1872 Lieutenant-governor acting as governor: Const." Cal., art. V, sec. 16. § 384. Salary of governor. The annual salary of the governor, to include all services rendered ex-officio as member of any board or commission as now required, or which may be by law hereafter devolved upon him, six thousand dollars. En. March 12, 1872. Ara'd. 1877-8, 3; 1880, 84. 77 EXECUTIVE OFFICERS. §§ 3S5-897 § 385. Salary of private secretary. The annual salary of the private secretary of the governor, is four thousanii dollars. En. March 12, 1872. Am'd. 1880. 84; 1889, 55. § 386. Salary of executive secretary. The executive secretary of the governor is ex-officio secretary of the board of state capitol commissioners. The annual salary of the executive secretary of the governor and ex-officio secretary of the board of state capitol commissioners is two thousand six hundred dollars. En. March 12, 1872. Am'd. 1877-8, 3; 1880, 84; 1889, 403. ARTICLE IV. LIEUTENANT-GOVERNOR. § 396. Duties of. § S'Jl. Compensation of. § 396. Duties of. The duties of the lieutenant-governor are prescribed by the constitution. En. March 12, 1872. Amd. 1880, 88. Prescribed by the constitution, duties of lieutenant-gov- ernor: Const. Cal., art. V, sees. 15, 16. Lieutenant-governor, generally: See same sections of constitution. Liability to impeachment: Const. Cal., art. IV, sec. 18. As governor pro tempore: See ante, sec. 383. § 397. Compensation of. The lieutenant-governor shall receive the same per diem and mileage, and sum for con- tingent expenses, as the speaker of the assembly, and only during the session of the legislature. En. March 12, 1872. Am'd. 1877-8, 3; 1880, 88. Lieutenant-governor's compensation, fixed by amendment 1880, pursuant to Const. Cal. 1879, art. V, sec. 19. ARTICLE V. OF THE SECRETARY OF STATE. § iOl. Custody of records, § 408. Duties of secietary of state. g 4'l)9. Distribution of statutes and journals. § 41IJ. Distribution of reports of supreme court. § 411. To mark books distributed. § 412. To superintend and take charge of capitol. S 4i-<. To furnisli fuel, stationery, etc. § 414. Expenses for fuel, etc., how paid. § 41.5. May appoint certain executive officers. I 416. Fees. §§ 407, 408 EXECUTIVE OFFICERS. 78 § 417. Salary of secretary. § 41S. Deputy secretary of state, salary. § 419. Bookkeeper, salary. § 420. Salary of deputies and employees. § 421. Watchman for capitol and governor's mansion. § 422. Salary of special clerks. (Repealed.) § 422%. Additional clerks. § 4'23. Official bond. § 424. Accounts of expenditures. § 425. Police for capitol grounds: § 407. Custody of records. The secretary of state is charged with the custody: 1. Of the enrolled copy of the constitution; 2. Of all acts and resolutions passed by the legislature; 3. Of the journals of the legislature; 4. Of the great seal; 5. Of all books, records, deeds, parchments, maps, and papers kept or deposited in his office pursuant to law. En. March 12, 1872. Cal. Rep. Cit. 69, 495. § 408. Duties of secretary of state. In addition to the duties prescribed by the constitution, it is the duty of the secretary of state: First — To attend at every session of the legislature, for the purpose of receiving bills and resolutions thereof, and to perform such other duties as may be devolved upon him by resolution of the two houses, or either of them; Second — To keep a register of, and attest the official acts of, the governor; Third — To affix the great seal, with his attestation, to commissions, pardons, and other public instruments, to which the ofiicial signature of the governor is required; Fourth — To record in proper books all conveyances made to the state (except conveyances made under the revenue law of lands sold for taxes), and all articles of incorpora- tion filed in his office; Fifth — To receive and record in proper books the official bonds of all the officers whose bonds are fixed by part three of this code, and then to deliver the original to thie to the state treasurer; Sixth — To record in a proper book all changes of names certified to him by the county clerks, in the manner in which such record is now made; Seventh — To take and file in his office receipts for all 79 EXECUTIVE OFFICERS. § 409 books distributed by him, and to direct the countj^ clerk of each county to do the same; Eighth — To certify to the ■governor the names of those persons who have received at any election the highest number of votes for any office, the incumbent of which is commissioned by the governor; Ninth — To furnish, on demand, to any person paying the fees therefor, a certified copy of all or any part of any law, record, or other instrument filed, deposited, or recorded in his office; Tenth — To deliver to the superintendent of state print- ing, at the earliest day practicable after the final ad- journment of each session of the legislature, an index of all laws, resolutions (with marginal notes), and journals, kept, passed, or adopted at such session; Eleventh — To present to the legislature, at the com- mencement of each session thereof, a full account of all purchases made and expenses incurred by him in furnish- ing fuel, lights, and stationery; Twelfth — To keep a fee book, in which must be entered all fees, commissions, and compensation of whatever nature or kind by him earned, collected, or charged, with the date, name of payor, paid or not paid, and the nature of the service in each case, which book must be verified an- nually by his affidavit entered therein; Thirteenth — To file in his office descriptions of seals in use by the different state officers and furnish such offi- cers with new seals whenever required; Fourteenth — To discharge the duties of member of the state board of examiners, state capitol commissioner, state sealer of weights and measures, and all other duties required of him by law; Fifteenth — To report to the governor at the time pre- scribed in section three hundred and thirty-two, a detailed account of all of his official actions since his previous reports, and accompanying the report with a detailed statement, under oath, of the manner in which all appro- priations for his office have been expended. En. March 12, 1872. Am'd. 1880, 85; 1903, 58. § 409. Distribution of statutes and journals. Immedi- ately after the laws, resolutions, and journals mentioned in subdivision tenth of the preceding section are bound, the secretary of state must distribute the same, as follows: § 410 EXECUTIVE OFFICERS. SO 1. To each department of the government at Washing- ton, and of the government of this state, one copy; 2. To the library of congress, the state library, and to the supreme court library, two copies each; 3. To each of the states, two copies; 4. To each of our members of congress, and to each of the United States district judges, judges of the su- preme and superior courts of this state, one copy; 5. To the lieutenant-governor, each member of the legislature, secretary of the senate, and clerk of the as- sembly, at the session when such laws and journals were adopted, one copy; 6. To each of the incorporated colleges of the state, the university, and to such other literary and scientific institutions as in his opinion may secure an Interchange of works, one copy; 7. Of the laws alone, to the county clerk of each county, in the cheapest and most expeditious manner, to be by the sheriff distributed under the direction of the clerks, one copy for the board of supervisors, one copy to each county oflBcer, and each justice of the peace and police judge; and of the journals, three copies of each house to each county clerk, for the use of the county. En. March 12, 1872. Am'd. 1903, 60. Secretary of state to keep official records: See Const. Cal., art. V, sec. 19. Subject to impeachment: Const. Cal., art. IV, sec. 18. Grants and commissions counter- signed by: Const. Cal., art. V, sec. 14. Mode of election and term of office: Ante, sec. 348. § 410. Distribution of reports of supreme court. He must distribute of the bound volumes of the decisions of the supreme court, as soon as he receives them: 1. To each state, one copy; 2. To the library of congress, the state library, and the supreme court library, two copies each; 3. To each department of this state, and to each of the United States district judges for this state, supreme and superior judges of this state, and to the judges of the police court of San Francisco, one copy; 4. To each district attorney and county clerk, one copy; 5. To the reporter of the decisions, ten copies. En. March 12, 1872. Am'd. 1903, 60. 81 EXECUTIVE OFFICERS. §§ 411-415 § 411. To mark books distributed. The secretary of state must indelibly mark each book distributed to officers in this state (except legislative officers and the reporter) with the name of the county to which and the official desig- nation of the officer to whom it is sent. Such books re- main the property of the state, and must be by the officers receiving them delivered to their successors. En. March 12, 1872. § 412. To superintend and take charge of capitoi. The secretary of state is the superintendent and has charge of the state capitoi, and he must keep the same together with all property therein, in good order and repair. En. March 12, 1872. § 413. To furnish fuel, stationery, etc. Fuel, lights, and stationery for the senate and assembly, supreme court, and state and supreme court libraries, and for all officers having their offices or chambers in the state capitoi, must be furnished by the secretary of state. En. March 12, 1872. § 414. Expenses for fuel, etc., how paid. The expenses incurred by him in carryin'g into effect the provisions of sections 409, 410, 412, and 413, must be audited by the board of examiners and paid out of any moneys specially appropriated for that purpose. En. March 12, 1872. Board of examiners: Post, sees. 654-685. § 415. IVlay appoint certain executive officers. The secretary of state, to assist him in the discharge of the duties of his office, may appoint the following executive officers and no other: One deputy secretary of state, a keeper of the archives, a bookkeeper, five recording clerks, one statistician, one janitor, one janitor's clerk, two engineers, one of whom shall serve only during the sessions of the legislature, two firemen, one of whom shall serve only during the sessions of the legislature, four porters for the capitoi building, one porter for office of secretary of state, three watchmen, two elevator attend- ants, one of whom shall serve only during the sessions of the legislature; also two special clerks in each legis- lative year, to serve from January first to April first. En. March 12, 1872. Rep. 1897, 99. En. 1903, 60. Pol. Code— « § 416 EXECUTIVE OFFICERS. 82 § 416. Fees. The secretary of state, for services per- formed in his office, must charge and collect the following fees: 1. For a copy of any law, resolution, record, or other document or paper on file in his office, twenty cents per folio. 2. For comparing a copy of any law, resolution, record, or other document or paper with the original, or the certi- fied copy of the original, on file in his office, five cents per folio. 3. For affixing certificate and seal of state, unless other- wise provided for, two dollars. 4. For filing articles of incorporation, if the capital stock amounts to twenty-five thousand dollars or less, fifteen dol- lars; if the capital stock amounts to over twenty-five thou- sand •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 capi- tal stock is over five hundred thousand dollars, and not over one million dollars, one hundred dollars; if the capi- tal stock is over one million dollars, fifty dollars additional for every five hundred thousand dollars or fraction there- of of capital stock over and above one million dollai's; for filing articles of incorporation without capital stock, except co-operate associations, five dollars; for filing ar- ticles of incorporation of co-operative associations, formed under the act of eighteen hundred and ninety-five, and acts supplementary thereto or amendatory thereof, fifteen dol- lars. 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 for every fifty thousand dollars or fraction thereof of such Increase. 8. For filing certificate of decrease of capital stock, five dollars. 9. For filing notice of removal of principal place of busi- ness, five dollars. 10. For filing amended articles of incorporation, unless otherwise provided for, five dollars. 11. For filing certificate of creation of bonded indebted- ness, or Increase or decrease thereof, five dollars. S3 EXECUTIVE OFFICERS. § 416 12. For issuing certificate of increase or decrease of capi- tal stock, three dollars. 13. For filing certificate on 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, three dollars. 17. For filing certificate of increase or decrease of number of directors, five dollars. 18. For issuing certificate of increase or decrease of num- ber of directors, three dollars. 19. For receiving and recording each oflacial bond, five dollars. 20. For filing notice of appointment of agent, five dol- lars. 21. For each commission, passport, or other document signed by the governor and attested by the secretary of state (pardons, military commissions, and extradition pa- pers excepted), five dollars. 22. For each patent for land issued by the governor, if for one hundred 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 dol- lars. 24. For recording miscellaneous documents or papers, twenty cents per folio. 25. For filing certified copy of order and decree of court, changing name, five dollars. No member of the legislature or state oflacer shall be charged for any search relative to matters appertaining to the duties of their office; nor shall they be charged any fee for a certified copy of any law or resolution passed by the legislature relative to their official duties. All fees collected by the secretary of state must, at the end of each month, be paid into the state treasury. Three thousand dollars of such monthly returns shall be credited to and constitute the state library fund, and the balance shall be paid into the general fund of the state. En. March 12, 1872. Am'd. 1881, 65; 1895, 63; 1901, 86; 1903, 27; 1905, 623. §§ 417-420 EXECUTIVE OFFICERS. 84 Fee book: Ante, sec. 408, subd. 13. Certified copies of documents to be furnished on payment of fees: Ante, sec. 408, subd. 9. § 417. Salary of secretary. The annual salary of the secretary of state, to include all services rendered ex- offieio as member of any board or commission as now required, or which may be by law hereafter devolved upon him, is three thousand dollars. En. March 12, 1872. Am'd. 1877-8, 3; 1880, 86. Salary of secretary of state under amendment of 1880 corresponds with Const. Cal. 1879, art. V, sec. 19. § 418. Deputy secretary of state, salary. The annual salary of the deputy secretary of state is two thousand seven hundred dollars. Such salary shall be payable in the same manner as salaries of other state officers. En. March 12, 1872. Am'd. 1877-8, 4; 1905, 784. § 419. Bookkeeper, salary. The annual salary of the bookkeeper Fhall be twenty-four hundred dollars, payable at the same dme and in the same manner as other state officers. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 86; 1905, 784. Originally "clerk" with two thousand four hundred dol- lars annual salary. § 420. Selary of deputies and employees. The annual salary of the keeper of the archives is two thousand 'ol- lars; of each recording clerk, sixteen hundred dollars; of the statistician, two thousand dollars; of the janitor, two thousand dollars; of the janitor's clerk, sixteen hun- dred dollars; of one engineer, fifteen hundred dollars; of one fireman, ten hundred and eighty dollars; of one elevator attendant, nine hundred dollars; of each porter of the capitol building, ten hundred and eighty dollars; ol the porter of the secretary of state's office, seven hun- dred and twenty dollars; of each watchman, ten hundred and eighty dollars. The monthly salary of the engineer serving during the sessions of the legislature is one hun- dred and twenty-five dollars; of the fireman serving dur- ing the sessions of tht legislature, ninety dollars; of the elevator attendant serving during the sessions of the leg- islature, seventy-five dollars, and each special clerk serv- 85 EXECUTIVE OFFICERS. §§ 421-425 ing from the first day of January to the first day of April during each legislative year, one hundred and twenty-five dollars. All such salaries are payable in the same man- ner and at the same time as other state officers. En. Miarch 12, 1872. Am'd. 1877-8, 4; 1880, 86; 1903, 61. § 421. Watchmen for capitol and governor's mansion. The watchman employed in the state capitol and for the governor's mansion, shall have the power of peace officers, and shall receive for their services an annual salary of twelve hundred dollars, payable at the same time and in the same manner as other state officers. En. March 12, 1872. Rep. 1880, 88 En. Stats. 1905, 10. § 422. Salary of special clerks. (Repealed.) En. March 12, 1872. Am'd. 1880, 86. § 422'/2. Additional clerks. From the first day of May, nineteen hundred and one, to the first day of January, nineteen hundred and three, the secretary of state is hereby authorized to appoint two additional clerks in his office, who shall be civil executive officers; said clerks to be paid the same salary as other clerks employed by the secretary of state, and be payable at the same time and in the same manner as other state officers are paid. En. Stats. 1901. 271. § 423. Official bond. The secretary of state must ex- ecute an official bond in the sum of ten thousand dollars. En. March 1 1872. Official bonds: Post, sees. 947 et seq. Filing bond by secretary of state: Post, sec. 949. § 424. Accounts of expenditures. AH state officers and appointees shall produce itemized accounts for all moneys other than salaries, expended by them, accompanfed" by affidavit that the money has been expended. En. Stats. 1877-8, 5. Act prohibiting creation of debt in excess of appropria- tion: See act approved March 23, 1893, Stats. 1893, p. 285. § 425. Police for capitol grounds. The board of capitol commissioners shall appoint three special policemen, to hold office during its pleasure, for the state capitol grounds, who shall have the power of peace officers, and receive for their services a salary of one hundred dollars per month each, payable as the salaries of other state officials. En. Stats. 1887, 151. Am'd. 1889, 427. § 4S3 EXECUTIVE OFFICERS. «6 ARTICL/E VI. CONTROLLER. § 433. General duties of. § *34. Certificate of settlement. § 435. Special duties connected with school fund. § 436. Order in which warrants must be drawn. 5 437. Proceedings against defaulters. § 438. Salary. § 439. Employees of controller. § 440. Salaries. § 441. Porter. § 442. Official bond. § 443. Controller to estimate and certify school tax of year. § 444. Grammar school fvnd. (Repealed.) § 433. General duties of. It is the duty of the cou- troller : 1. To superintend the fiscal concerns of the state; 2. To report to the governor, on the second Monday In October next preceding each regular session of the legis- lature, a statement of the funds of the state, its revenues, and of the public expenditures during the two preceding fiscal years, together with a detailed estimate of the expenditures to be defrayed from the treasury for the two ensuing fiscal years, specifying therein each object of expenditure, and distinguishing between such as are pro- vided for by permanent or temporary appropriations and such as must be provided for by a new statute, and sug- gesting the means from which such expenditures are to be defrayed; 3. To accompany his biennial report with tabular state- ments, showing: 1. The amount or each appropriation for the two preceding fiscal years, the amounts expehded, 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 manage- ment 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, showing at all times the unexpended balance of such appropriation; 87 EXECUTIVE OFFICERS. § 433 8. To keep an account between the state and the treas- urer, 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 whose favor, for what service, the appropriation applicable to the payment thereof, when the liability accrued, and a receipt from the person to whom the warrant is delivered; 10. To audit all claims against the state in cases where there is [are] sufficient provisions of law for the payment 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 presentation and filing of the treas- urer's receipt therefor to give such person a discharge and charge the treasurer therewith; 12. In his discretion to require any person presenting an account for settlement to be sworn before him, and to answer orally or in writing, ag 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, safe-keeping, or disbursement of public moneys; 15. In his discretion, to require all persons whc have received moneys or securities, or have had the disposition or management of any property of the state of which an account is kept in his office, to render statements thereof to him; and all such persons must render such statement at such 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 paymient 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 deibtors of the state; of which suits the courts of Sacra- mento County have jurisdiction, without regard to the resi- dence of the defendants; 17. To draw warrants on the treasurer for the payment §§ 434, 435 EXECUTIVE OFFICERS. 88, 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 specific appropriation applicable to the payment thereof; 18. To furnish the state treasurer with a list of warrants drawn upon the treasury; 19. To have printed and forwarded to the auditor of each county blank state licenses; 20. To authenticate with his official seal all drafts and warrants drawn by him, and all copies of papers issued . from his office; 21. To perform the duties of a member of the state board of equalization, and of the state board of tide land commissioners, and such other duties as are prescribed by law. En. March 12, 1872. Cal. Rep. Cit. 69, 225; 73, 577; 80, 224; 105, 596; 106, 116; 106, 133; 106, 136. Subd. 16—51, 567; 105, 596. Subd. 17—69, 76; 80, 222; 80, 226; 80, 228; 144, 684. Controller impeachable: Const. Cal., art. IV, sec. 18. Election: Ante, sec. 348; Const. Cal., art. V, sec. 17. State board of equalization, ex-officio member of: Const. Cal., 'art. XIII, sec. 9. Canvasser of returns of election on re- vision of constitution: Const. Cal., art. XVIII, sec. 2. Supervision of, by board of examiners: Sees. 672, 674, 675, 678. Punishment for willful omission of duty: Pen. Code, sec. 176. Lost warrants, act relating to payment of: See General Lr.ws, title Lost Warrants. Subd. 11. Certificate: Post, sec. 434. Subd. 17. "Warrants, authority to draw: Post, sec. 672. § 434. Certificate jf settlement. The certificate men- tioned in subdivision 11 of section 433 must show by whom the payment is to be made, the amount thereof, and the funds into which it is to be paid, and must be numbered in order, Ijeginning with number one at the commence- ment of each fiscal year. En. March 12, 1872. § 435. Special duties connected with school fund. The controller must keep a separate account of the school fund, 89 EXECUTIVE OFFICERS. §§ 436, 437 and of the interest and income tliereof, together with such moneys as may be raised by special tax, or otherwise, for school purposes. He must, on the firat Mon«lay in Jan- uary and on the first Monday in July in each year, re- port to the superintendent of public instruction, a state- ment of the securities belonging to the school fund, of the moneys in the treasury subject to apportionment, and the several sources from which they accrued. He must draw his warrant on the state treasurer in favor of any county treasurer, whenever such county treasurer presents, with his indorsement, an order drawn by the superintendent of public instruction in favor of such county; and the warrant so drawn is not subject to the provisions of article eighteen of this chapter. En. March 12, 1872. Am'd. 1891, 471. Apportionment of state school fund: Post, sec. 1532, subd. 4. § 436. Order in which warrants must be drawn. All warrants for claims which have been audited by the board of examiners and filed in his office must be drawn in the order of the numbers placed upon them by that board. En. March 12, 1872. Cal. Rep. Cit. 80, 223. Board of examiners: Post, sees. 654-685. § 437. Proceedings against defaulters. Whenever any person has received moneys, or has money or other per- sonal property which belongs to the state by escheat or otherwise, or has been intrusted with the collection, management, or disbursement of any moneys, bonds, or interest accruing therefrom, belonging to or held in trust by the state, and fails to render an account thereof to, and make settlement with, the controller within the time prescribed by law, or when no particular time is specified, fails to render such account and make settlement, or who fails to pay into the state treasury any moneys belonging to the state, upon being required so to do by the controller, within twenty days after such requisition, the controller must state an account with such person, charging twenty- five per cent damages, and interest at the rate of ten per cent per annum from [the] time of the failure; a copy of which account in any suit therein is prima facie evidence of the things therein stated; but in case the controller cannot for want of information state an account, he may in any action brought by him aver that fact and allege §§ 438-443 EXECUTIVE OFFICERS. W generally the amount of money or other property which is due to or which belongs to the state. En. March 12, 1872. Am'd. 1873-4, 7. Cal. Rep. Cit. 70, 214; 73, 575; 73, 576; 73, 577; 73, 578; 73, 579; 73, 580; 76, 123; 117, 243. Escheatment: See Escheated Estates, ante, sec. 41. § 438. Salary. The annual salary of the controller, to include all services render ex-officio as member of any board or commission as now required, or which may be by law hereafter devolved upon him, is three thousand dollars. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 86. § 439. Employees of controller. The controller may ap- point one deputy controller, one expert, one bookkeeper and five clerks, all of whom shall be civil executive of- ficers. En. March 12, 1872. Am'd. 1877-8, 4; 1905, 785. § 440. Salaries. Th annual salary of the deputy con- troller is twenty-seven hundred dollars; of the expert two thousand dollars; of the bookkeeper, two thousand dollars; and of each clerk .one thousand six hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of other state ofllcers. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 86; 1905, 785. § 441. Porter. The controller may appoint a porter for Us ofiice at an annual salary of seven hundred and twenty dollars, payable in the same manner and at the same time as the salaries of state officers. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 87; 1905, 785. The act amending §§ 439, 440 and 441 had also the following provi- sion: Sec. 4. All laws and parts of laws and all sections of either of the codes in conflict herewith are hereby expressly repealed. § 442. Official bond- The controller must execute an official bond in the sum of fifty thousand dollars. En. March 12, 1872. Official bonds: See post, sees. 947 et seq. § 443. Controller to estimate; and certify school tax of year. The state controller must, between the tenth day of August and the first day of September of each year, estimate the amount necessary to raise the sum of seven dollars for each census child, between the ages of five and seventeen years, in this state, which shall be the amount necessary to be raised by ad valorem tax for school pur- 91 EXECUTIVE OFFICERS. §§ 444, 452 poses, during the year, which amount the controller must immediately certify to the state board of equalization. En. Stats. 1873-4, 84. § 444. Grammar school fund. (Repealed.) En. Stats. 1887, 124. Eep. 1891, 150. The fund known as the gram- mar school course fund, provided for by the statutes of 1S87 (Stats. 1887, p. 124) was also abolished by act ap- proved March 20, 1891, as follows: Cal. Rep. Cit. 106, 133. The fund known as the grammar school course fund is hereby abolished. Upon the passage of this act, the con- troller of state is hereby authorized and directed to credit to the state school fund any and all money that may stand to the grammar school course fund. All outstand- ing claims against the grammar school course fund shall be paid out of the school fund. ARTIOLE VII. TREASURER. § 452. General duties. § 453. Limitations upon receipt and payment of money. § 454. General fund. § 455. Salary of treasurer. § 456. Salary of -deputy and bookkeeper. § 457. Watchmen, appointment and salary. § 458. Watchmen, powers and duties. § 459. Official bond of treasurer. § 460. Porter, appointment and salary. § 452. General duties. It is the duty of the treasurer: 1. To receive and keep in the vaults of the state treas- ury 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 de- livered 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 the funds into which it is paid, which receipts must be numbered in order, begin- ning with number one at the commencement of each fiscal year; 4. To pay warrants drawn by the controller out of the funds upon and in thj order in which they are drawn; 5. Upon payment of any warrant, to take upon the back thereof the receipt of the person to whom it is paid, and file and preserve the same; §§ 453-455 EXECUTIVE OFFICERS. 92 6. To keep an account of all moneys received and dis- bursed; 7. To keep separate accounts of the different funds; 8. To report to the controller, on the last day of each month, the amount disbursed for redemption of bonds and in payment of warrants during the month; which report must show the date and number of such bonds and war- rants, the funds out of which they were paid, and the balance of cash on hand in the treasury to the credit of each fund; 9. At the request of either house of the legislature, or of any committee thereof, to give information in writing as to the condition of the treasury, or upon any subject relating to the duties of his office; 10. 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 treasury during the two pre- ceding fiscal years; 11. To authenticate with his official seal all writings and papers issued from his office; 12. To discharge the duties of state capitol commis- sioner, and such other duties as may be imposed upon him by law. En. March 12, 1872. Supervision, counting money, etc., by board of examin- ers: Post, sees. 675-678. Acts authorizing transfer of funds: See post, Appendix, title Treasurers. § 453. Limitations upon receipt and payment of money. He must receive no money into the treasury unless accom- panied by the certificate of the controller provided for in sections 433 and 434 of this code, and must pay none out upon warrants .ssued for indebtedness accruing prior to January first, eighteen hundred and fifty-seven. En. March 12, 1872. Refunding money paid into state treasury, special legis- lation for, prohibited: Const. Cal. 1879, art. IV, sec. 25, subd. 15. § 454. General fu d. The general fund consists of moneys received into the treasury and not specially ap- propriated to any other fund. En. March 12, 1872. Cal. Rep. Cit. 57, 548; 57, 549; 106, 118. § 455. Salary of t asurer. The annual salary of the state treasurer, to include all services rendered ex-offlcio 93 EXECUTIVE OFFICERS. §§ 456-47.3 as member of any board or commission as now required, or which may be hereafter by law devolved upon him, is three thousand dollars. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 87. Salary of treasurer: Amendment 1880 conforms to Const. Cal. 1879, art. V, sec. 19. § 456. Salary of deputy and bookkeeper. The annual salary of the deputy state treasurer is two thousand seven hundred dollars; the annual salary of the bookkeeper to the treasurer of the state is two thousand four hundred dollars. Said salaries shall be payable in the same man- ner as salaries of other state officers. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 87; 1889, 229; 1905, 784. § 457. Watchmen, appointment and salary. The treas- urer may employ four watchmen at an annual salary each of twelve hundred dollars. En. March 12, 1872. Am'd. 1903, 410. § 458. Watchmen, powers and duties. The watchmen must be alternately on duty at all hours of the day and night, and have the same power to make arrests as is by the Penal Code conferred upon peace officers. 'En. March 12, 1872. Arrest by peace officer: Pen. Code, sec. 836. Generally: Pen. Code, sees. 834-8-51. \ 459. Official bond of treasurer. The treasurer must execute an official bond in the sum of one hundred thou- sand dollars. En. March 12, 1872. Official bonds, post, sees. 947 et seq. § 460. Porter, appointment ana salary. The treasurer may employ a porter at an annual salary of seven hundred and twenty dollars. En. Stats. 1903, 398. ARTICLE VIII. ATTORNEY-GENERAL. § 470. General duties. I 471. Salary. § 472. Assistant and deputies, appointment and salaries. § in. Official bond. § 474'. Escheated property. § 475. Clerks and reporter, appointment and salaries. § 470. General duties. It is the duty of the attorney- general : 5 470 EXECUTIVE OFFICERS. 94 1. To attend the supreme court and prosecute or defend all causes to which the state, or any officer thereof, in his official capacity is a party; and all causes to which any county may be a party, unless the interest of the county is adverse to the state, or some officer thereof acting in his official capacity; 2. After judgment in any of the causes referred to in the preceding section, to direct the issuing of such process as may be necessary to carry the same into execution; 3. To account for and pay over to the proper officer all moneys which may come into his possession belonging to the state or to any county; 4. To keep a docket of all causes in which he is required to appear, which must during business hours be open to the inspection of the public, and must show the county, district, and court in which the causes have been instituted and tried, and whethe they are civil or criminal; if civil, the nature of the demand, the stage of the proceedings, and when prosecuted to judgment, memorandum of the judgment; of any process issued thereon, and whether satisfied or not; if not, satisfied, the return of the sheriff; and if criminal, the nature of the crime, the mode of prose- cution, the- stage of the proceedings, and when prosecuted to sentence, a memorandum of the sentence and of the execution thereof, if the same has been executed, and if not executed, of the reasons of tht delay or prevention; 5. To exercise supervisory powers over district attorneys in all matters pertaining to the duties of their offices, and from time to time require of them reports as to the con- dition of public business intrusted to their charge; 6. To give his opinion in writing, without fee, to the legislature or either house thereof, and to the governor, the secretary of state, controller, treasurer, surveyor-general, superintendent of public instruction, the trustees or com- missioners of state institutions, and any district attorney when required, upon any question of law relating to their respective offices; 7. When required by the public service, or directed by tue governor, to repair to any county in the state and assist the district attorney thereof in the discharge of his duties; 8. To bid upon and purchase in the name of the state and under th^ direction of the. board of examiners, any property offered for sale under execution issued upon jud.gments in favor of or for the use of the state, and to enter satisfac- tion in whole or in part, of such judgments as the con- sideration for such purchases; 95 EXECUTIVE OFFICERS. §§ 471, 472 9. Whenever the property of a judgment debtor in any judgment mentioned in the preceding subdivision has been sold under a prior judgment, or is subject to any judgment, lien, or incumbrance taking precedence of the judgment in favor of the state, under the direction of the board of examiners, to redeem such property from such prior judg- ment, lien, or incumbrance; and all sums of money neces- sary for such redemption must, upon the order of the board of examiners, be paid oiit of any money appropri- ated for such purpose; 10. When in his opinion it may be necessary for the collection or enforcement of any judgment hereinbefore mentioned, to institute and prosecute, in behalf of the state, such suits or other proceedings as he may find nec- essary to set aside and annul all conveyances fraudulently made by such judgment debtors, the cost necessary to the prosecution must, when allowed by the board of examiners, be paid out of any appropriations for the prosecution of delinquents ; 11. To discharge the duties of a member of the board of e :aminers, of the board of military auditors, and other duties prescribed by law; 12. To report to the governor, at the time required by section three hundred and thirty-two of this code, the con- dition of the affairs of his department, and to accompany the same with a copy of his docket, and of the reports received by him from district attorneys. En. March 12, 1872. Am'd. 1901, 45. Cal. Rep. Cit. 61, 254; 105, 596; 105, 597; 106, 133. Subd. 7—103, 502. Land titles, to attend contests to quiet: Post, sec. 3413. Attorney-general, impeachment, subject to: Const. Cal., art. IV, sec. 18. Mode and time of election, and term of office: Const. Cal., art. V, sec. 17; ante, sec. 348. Acts authorizing attorney-general to dismiss and com- promise certain suits: See post. Appendix, title Attorney- General. § 471. Salary. The annual salary of the attorney-gen- eral, to include all services rendered ex-officio as member of any board or commission as now required, or which may be hereafter devolved upon him by law, is three thousand dollars. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 87. Section conforms to Const. Cal. 1879, art. V, sec. 19. § 472. Assistant and deputies, appointment and salaries. The attorney-general may appoint one assistant, who shall § 472 EXECUTIVE OFFICERS. 96 b- a member of tbe state board of examiners, when the attorney-general is absent from tlie capitol, and three deputies, who shall be civil executive officers. The annual salary of the assistant shall be twenty-seven hundred dol- lars; the annual salary of the first deputy shall be twenty- four hundred dollars; the annual salary of the second deputy shall be twenty-four hundred dollars; the annual salary of the third deputy shall be twenty-four hundred dollars. Said salaries shall be payable in the same man- ner as salaries of other state officers. Subdivision 1. The attorney-general shall not employ special counsel in any case except those provided in sec- tion four hundred and seventy-four of the Political Code. Subd. 2. The attorney-general shall have charge, as attorney, of all legal matters in which the state is in any- wise interested, except the business of the regents of the university of California and of the state harbor commis- sioners, and no board, officer or officers, or employee of the state, except said regents and said harbor commis- sioners, shall employ any attorney other than the attor- ney-general, or one of his assistants or deputies, in any matter in which the state is interested; nor shall any money be drawn out of the treasury, or out of any moneys appropriated out of the treasury, or out of any special or contingent fund under the control of any board, officer or officers, or employee, for the pay of any legal services rendered after the passage of this act, the provisions of any existing statute to the contrary notwithstanding; pro- vided, that \'henever a district attorney in any county of this state shall, for any reason, become disqualified from conducting any criminal prosecution within such county, the attorney-general may employ special counsel to con- duct such prosecution, and the attorney's fee in such case shall be a legal charge against the state. Subd. 3. All acts in conflict with this act are hereby repealed. Provided further, that nothing herein contained shall be construed to prevent or deny the right of any board, officer or officers, or employee of the state to employ or engage counsel in any matter of the state, after first hav- ing obtained the written consent so to do of the attorney- general. En. March 12, 1872. Am'd. 1877-8, 4; 1880, 87; 1891, 135; 1895, 66. Cal. Rep. Cit. 135, 413; 135, 414. 97 EXECUTIVE OFFICERS. §§ 473-475 § 473. Official bond. The attorney-general must exe- cute an official bond in the sum of ten thousand dollars. En. March 12, 1872. OflEicial bonds: Post, sees. 947 et seq. § 474. Escheated property. It shall be the duty of the attorney-general to institute investigation for the discov- ery of all real and personal property which may have or should escheat to the state, and for that purpose shall have full power and authority to cite any and all persons before any of the superior courts of this state to answer investi- gations and render accounts concerning said property, real or personal, and to examine all books and papers of any and all corporations. When any real or personal property shall be discovered, which should escheat to the state, the attorney-general must institute suit in the superior court of the county where said property shall be situated, for recovery, to escheat the same to the state. The proceed- ings in all such actions shall be those provided for in title eight, part three, Code of Civil Procedure. The attorney- general may, for the purposes and objects of this section, employ counsel to act in his place and stead for the dis- covery and recovery of both personal and real property, and in such proceedings, both in investigation for discovery 'or proceedings for recovery, such counsel so employed shall have the power and authority of the attorney-gen- eral. The compensation for services of such counsel shall be determined by the board of examiners, and paid out of the sums so found to be escheated and recovered to the state, and not otherwise; provided, that the state of Cali- fornia shall in no case be responsible for any charges for attorney fees for suits prosecuted under this act, but the attorney-general is hereby authorized to pay to the person or persons discovering the same the costs and charges of prosecuting any suits or suits under this act, a sum not in any case exceeding ten per cent of the sums actually re- ceived as provided in this act. En. Stats. 1875-6, 15. Am'd. 1880, 18. Cal. Rep. Cit. 72, 21; 72, 22; 72, 24; 72, 26; 72, 28; 143, 198; 143, 201; 143. 202; 143, 205. Escheated estates: See ante, sec. 41. § 475. Clerks and reporter, appointment and salaries. The attorney-general may appoint three clerks and one phonographic reporter for his office. The annual salary Pol. Code— 7 4 § 4S3 EXECUTIVE OFFICERS. »8 of each of such clerks shall be sixteen hundred dollars, 'and the annual salary of the phonographic reporter shall be eighteen hundred dollars. Said salaries shall be paid at the same times, and in the same manner, as the salaries of other state officers are paid. Said clerks and said phonographic reporter shall be civil executive officers. En. Stats. 1889, 219. Am'd. 1891, 181; 1895, 65; 1903, 107. Cal. Rep. Cit. 106, 133. ARTICLE IX. SURVEYOR-GENERAL,. § 483. General duties. § 4S4. Salary. § 485. Appointments of surveyor-general; salaries. § 4S6. Salary of clerk. § 487. Official bond. § 483. General duties. It is the duty of the surveyor- general : 1. To discharge the duties relating to the public lands imposed upon him by title VIII, of part III, of this code; 2. When required to survey and mark the boundary lines of counties, cities, villages, and towns; 3. To report to the governor at the time prescribed In section 332 of this code: 1. A statement of the progress made in the execution of the surveys enjoined on him by law; 2. An estimate of the aggregate quantity of land belonging to the state, and the best information he may be able to obtain as to the characteristics of the same; 3. An estimate of the aggregate quantity of all land used for or adapted to tillage and grazing within each county of the state; 4. An estimate of the number of horses, cattle, sheep, and swine within each county of the state; 5. An estimate of the quantity of wheat, rye, corn, potatoes, grapes, and other agricultural and horticultural produc- tions of the two preceding years, together with his views as to the presence, cause, and remedy of any diseases or other malady preventing full and perfect productions; 6. An estimate of the quantity of all mineral lands within each county of the state, and the quantity and value of each mineral produced during the two preceding years, together with a description of the localities in which such minerals may be found; 7. All facts in his opinion calcu- 99 EXECUTIVE OFFICERS. §§ 484-4S6 lated to promote the development of the resources of the state; 4. To require county surveyors and assessors to collect and transmit to him, at such times as he may direct, in- formation relative to the subject-matter of his biennial reports ; 5. To authenticate with his official seal all writings and papers issued from his office; 6. To perform such other duties as may be required of him by law. En. March 12, 1872. Cal. Rep. Cit. 110, 250. Surveyor-general, legislature may abolish office: Const. Cal., art. V, sec. 19. Impeachable: Const. Cal., art. IV, sec. 18. Election: See ante, sec. 348. Subd. 1. Public lands: Sees. 3395-3574. Subd. 2. Survey of boundary line between Siskiyou and Lassen counties: See Stats. 1872, p. 886. § 484. Salary. The annual salary of the surveyor-gen- eral, for all services rendered in any capacity whatso- ever, is three thousand dollars. En. March 12, 1872. Am'd. 1877-8, 5; 1880. 87. Section conforms to Const. Cal. 1879, art. V, sec. 19. § 485. Appointments of surveyor-general; salaries. The surveyor-general may appoint a deputy surveyor-general, who shall be ex-officio deputy of the register of the state land office, and one assistant surveyor-general, who shall be ex-officio assistant register of the state land office, and one clerk, all of whom shall be civil executive officers. The annual salary of the deputy surveyor.general, includ- ing his services as ex-officio deputy of the register of the state land office, is two thousand seven hundred dollars. The annual salary of the assistant surveyor-general, in- cluding his services as ex-officio register of the state land office, is two thousand dollars. The annual salary of the clerk to the sui'veyor-general is one thousand six hundred dollars. Said salaries shall be payable in the same man- ner as salaries of other state officers. En. March 12, 1872. Am'd. 1877-8, 5; 1903, 415; 1905, 784. § 486. Salary of clerk. The annual salary of each clerk in the office of the surveyor-general is sixteen hundred dollars. En. March 12, 1872. Am'd. 1877-8, 5; 1880, 87. §§ 4S7-501 EXECUTIVE OFFICERS. 10« § 487. Official bond. The surveyor-general must exe- cute an ofiicial bond in the sum of ten thousand dollars. En. March 12, 1872. Official bond: Post, sees. 947 et seq. ARTICLE X. REGISTER OF THE STATE LAND OFFICE. § 437. Register and deputy. § 498. Duties of register. § 499. Salary. (Repealed.) § 500. Salary of clerks. § nOl. Fees of register. § 502. Official bond. § 497. Register and deputy. The surveyor-general is ex-offlcio register, and the deputy surveyor-general is ex- officio deputy register of the state land office. En. March 12, 1872. Cal. Rep. Cit. 77, 101. Register: See next section. § 498. Duties of register. The duties of [the] register are prescribed in title VIII, part III, of this code. En. March 12, 1872. Duties of register: See post, sees. 3395-3574. § 499. Salary. (Repealed.) En. March 12, 1872. Am'd. 1877-8, 5. Rep. 1880, 2; 1880, 88. § 500. Salary of clerks. The annual salary of each clerk in the register's office is sixteen hundred dollars. En. March 12, 1872. Am'd. 1877-8, 5; 1880, 87. § 501. Fees of register. The register must charge and collect fees as follows: For each certificate of purchase duplicate, or patent, three dollars; for certifying a con- tested case to district court, three dollars; for copies of papers in his office, ten cents per folio, and fifty cents for the certificate with the seal attached; and such other fees as may be allowed by law. All fees received by the register must be disposed of as provided in title VIII, of part III, of this code. En. March 21, 1872. Cal. Rep. Cit. 133, 541. Disposition of fees: See post, sec. 3574. iOl EXECUTIVE OFFICERS. §§ 502-516 § 502. Official bond. The register must execute an official bond in the sum of ten thousand dollars. En. March 12, 1872. Official bonds: Generally, see sees. 947-986. ARTICLE XI. OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION. § 512. Duties. § .iKi. Salary. § 514. Salary of deputy. § .jl"). Aiipointees and salaries. ij 516. Traveling- expenses. § 517. Official bond. § 512. Duties. The duties of the superintendent of pub- lic instruction are prescribed in title III, of part III, of this code. En. March 12, 1872. Duties: See post, sec. 1532. § 513. Salary. The annual salary of the superintendent of public instruction is three thousand dollars. En. March 12, 1872; 1877-8, 5. § 514. Salary of deputy. The annual salary of the dep- uty for the superintendent of public instruction is the same as the salary paid to deputies for other state officers, namely, two thousand four hundred dollars. En. March 12, 1872. Am'd. 1887, 14. § 515. Appointees and salaries. The superintendent of public instruction may appoint a statistician, a clerk and stenographer, and a text-book clerk, all of whom shall be civil executive officers. The annual salary of the statis- tician shall be two thousand dollars. The annual salary of the clerk and stenographer shall be sixteen hundred dollars. The annual salary of the text-book clerk shall be sixteen hundred dollars. Said salaries shall be payable in the same manner as salaries of other state officers are paid. En. March 12, 1872. Rep. 1877-8, 5. En. 1880, 87. Am'd. 1905, 192. Act providing for clerk for superintendent, of public in- struction: See act- of March 27, 1895; Stats. 1895, p. 238. § 516. Traveling expenses. The actual traveling ex- penses of the superintendent, not exceeding ten hundred dollars annually, must be audited by the board of examin- ers, and paid out of the general fund in the state treasury. En. Marcn 12, 1872. Am'd. 1880, 87. Board of examiners: Post, sees. 654 et seq. §§ 517, 526 EXECUTIVE OFFICERS. 102 § 517. Official bond. The superintendent must execute an official bond in the sum of ten thousand dollars. En. March 12, 1872. Bonds, generally: Post, sees. 947-986. ARTICLE XII. SUPERINTENDENT OF STATE PRINTING. § 526. General duties. § 527. Number of documents to be printed. § 528. Laws and journals to be printed. § 529. Manner of printing. § 530. Election and bond. § 531. Furtlier duties. § 532. Paper. § 533. Folding, stitching and binding. § 534. Salary. § 535. Maintenance of machinery. § 536. Contingent expenses, fund for. § 537. Warrants for wages. § 538. Maps, engravings, etc. § 539. Printing bills. § 540. State printing fund. § 526. General duties. It is the duty of the superin- tendent of state printing: 1. To print the laws; the journals of the legislature; reports of state officers; public documents ordered to be printed by the legislature; blanks for the supreme court, the officers of governor, secretary of state, controller, treas- urer of state, superintendent of public instruction, attor- ney-general, surveyor-general, and register of the land office; the bills, resolutions, and other job printing which may be ordered by either of the two houses of the legis- lature, and all other public printing for the state, unless otherwise expressly ordered by law. 2. To publish, prefixed to each volume of the laws, the names and place of residence of the governor, and other executive officers of the state, lieutenant.governor, sena- tors, and representatives in the legislature, the presiding officers of the senate and assembly, and of commissioners of the state of California residing out of the state, and in office at the time of such publication. 3. To perform the duties required by the provisions of article XII, chapter II, title I, part III, of this code, and such other duties as are imposed upon him by law: 4. He shall keep in his office, open to public inspection, a time book, containing the name of every employee con- nected with the State printing office, the time employed, the rate of wages, and amount paid; and he shall certify. 103 EXECUTIVE OFFICERS. § 525 under oath, to the correctness of all claims for services rendered and materials furnished, which certificate shall be attached to and presented with each claim that shall be presented to the board of examiners for allowance, and no such claim shall be certified or allowed unless it be fully itemized. 5. He shall file in the office of the secretary of state, all proposals, bids, contracts, bonds, and other papers ap- pertaining to the awarding of contracts now in his posses- sion, or which may hereafter come into his possession, retaining in his office copies of the same; and the secre- tary of state shall promptly furnish the .board of examin- ers, for their use, certified copies of all such papers. 6. All printing required by 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 state printing, and forwarded to the office of said superintendent, who shall enter upon a book kept in his office for that purpose, a transcript of said orders; and shall return with the work, when completed, to the person ordering the same, the original order with duplicate voucher at- tached; said voucher to be signed by the person receiv- ing 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 furnished 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 emanating 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. 7. No printing for the senate, or any committee of the same, shall be executed except under an official order of the secretary, and no order 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 §§ 527, 528 EXECUTIVE OFFICERS. 104 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 sergeant-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 sen- ate. 8. No 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 by that officer unless the same is ordered by 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 as- sembly, 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. 9. 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. En. March 12, 1872. Am'd. 1875-6, 16; 1877- 8, 7. Duties: Post, sec. 531. Subject to supervision of print- ing expert: Post, sec. 679. Public reports, printing of: Ante, sees. 332-337. § 527. Number of documents to be printed. Whenever any message or document, in bock form is ordered printed by either house, four hundred and eighty copies thereof, in addition to the number ordered, must be struck off and retained in sheets, and bound with the journals of the house ordering the same, as an appendix. Of bills ordered printed, when the number is not fixed in the order, there must be printed two hundred and forty copies. En. March 12, 1872. § 528. Laws and journals to be printed. There must be printed of the laws of each session of the legislature, twenty-two hundred and fifty copies, in English, to be de- posited with the secretary of state, who, after retaining a sufficient numb3r of said volumes for distribution, in ac- cordance with the provisions of section four hundred and nine of the Political Code, shall deposit one hundred and lOr. EXECUTIVE OFFICERS. § 52S fifty copies with the state librarian; tlie remaining copies to be sold at a price not to exceed three dollars per bound volume; the moneys thus received to be put into the state treasury at the end of each month, as other fees are paid by the said secretary of state, and for the same purposes. Whenever any bill, joint or concurrent resolution, is passed to enrollment, by either the senate or assembly, the com- mittee on enrollment of the house, in which the bill, joint or concurrent resolution originated, shall transmit the same, without delay, to the superintendent of state print- ing, who shall receipt for all such bills and resolutions, and proceed at once to have the same printed, in the order in which received, in the measure prescribed by law for the statutes. So soon as printed, one copy with proper blanks for the signatures of the officers whose duty it is to sign enrolled bills, shall be printed on bond paper, which, to- gether with the engrossed bill, shall be sent to the commit- tee on enrollment of the house in which the bill originated. Said committee shall compare such copy with the en- grossed bill, and if it is found to be correct shall present it to the proper officers for their signatures. When such officials shall have signed their names thereon, as required by law, it shall be an enrolled bill, and shall be trans- mitted to the governor for his approval. If the same is signed by the governor, and becomes a law, the printed law shall go to the secretary of state and become the of- ficial record. 2. Whenever a law is signed by the governor, official notice shall be forwarded, in writing, to the superintendent of state printing of the fact. Upon the receipt of said official notice, the superintendent of state printing shall cause to be printed, for the use of the legislature, two hundred and forty copies of said law, joint or concurrent resolution, to be distributed, one-third to the senate and two-thirds to the assembly, the sergeant-at-arms of the respective houses to receipt to the superintendent of state printing for the same, whose receipt shall be a proper voucher for the work. He shall also cause to be printed the requisite number of sheets to make ihe number of copies of the statutes required by law to be printed, the one composition of type to answer the purpose of printing the three editions; and of such laws, resolutions, and memorials as may be designated by the legislature, two hundred and forty copies in Spanish. Of the journals and appendices of the senate and assembly there must be §§ 529, 530 ■ EXECUTIVE OFFICERS. 106 printed four hundred and eighty copies, in one volume or more, as may be required by the size thereof. The super- intendent of state printing, shall have the laws, journals of senate and assembly, and the appendices thereto, prop- erly indexed and bound, the laws in full law sheep binding, and journals and appendices in half law sheep binding, marble sides, and deliver the same to the secretary of state for distribution as soon as practical after the final ad- journment of the legislature, and the receipt of the secre- tary of state shall be his voucher therefor. En. March 12, 1872. Am'd. 1875-6, 17; 1877-8, 9. Cal. Rep. Cit. 117, 623. § 529. Manner of printing. Printing must be done as follows: The laws, journals, messages, and other docu- ments in book form, must be printed solid, with long primer type, on good white paper; each page, except of the laws, must be thirty-three ems wide and fifty-eight ems long, including title, blank line under it, and foot line; of the laws the same length, and twenty-nine ems wide, exclusive of marginal notes, which notes must be printed in nonpareil type, seven ems wide. Figure work, and rule and figure work, in messages, reports, and other docu- ments in book form, must be on pages corresponding in size with the journals, if it can be brought in by using type not smaller than minion; if not, it must be executed in a form to fold and bind with the volume. Blanks must be printed in such form, and on such paper, and with such sized type as the officers ordering them may direct. The laws must be printed without chapter headings, and with- out blank lines, with the exception of one head line, one foot line, two lines between the last section of an act and the title of the next act. When there is not space enough between the last section of an act to print the title and enacting clause, and one line of the following act upon the same page, such title may be printed upon the following page. The journals must be printed with- out blank lines, with the exception of one head line, one foot line, and two lines between the journal of one day and that of the following day. In printing the words ayes and noes, the word "ayes" and the word "noes" must be run in with the names. En. March 12, 1872. Am'd. 1897, 1. § 530. Election and bond. The superintendent of state printing shall be elected at the same time and place and 107 EXECUTIVE OFFICERS. § 531 in the same manner as the governor of the state, and his term of office and qualifications shall also be the same. He shall be a competent practical printer, and before en- tering upon the discharge of the duties of his office shall give a good and sufficient bond to the people of the state of California in the sum of ten thousand dollars, with two or more sufficient sureties, to be approved by the gov- ernor, for the faithful performance of his duties, which bond shall be filed in the office of secretary of state. En. March 12, 1872. Am'd. 1875-6, 18; 1891, 59. § 531. Further duties. The duties of the superintendent of state printing shall be as follows: He shall have the entire charge and superintendence of the state printing and binding. He shall take charge of and be responsible on his bond for all manuscripts and other matter which may be placed in his hands to be printed, bound, en- graved, or lithographed, and shall cause the same to be promptly executed. He shall receive from the senate or assembly all matter ordered by either house to be printed and bound, or either printed or bound, and shall keep a record of the same, and of the order in which it may be received; and when the work shall have been executed, he shall deliver the finished sheets or volumes to the sergeant-at-arms of the senate or assembly, or of any department authorized to receive them, whose receipt therefor shall be a sufficient voucher to the said superin- tendent of state printing for their delivery. He shall re- ceive and promptly execute all orders for printing or binding, required to be done for the various state officers; provided, that the said superintendent of state printing shall have discretionary authority to revise, reduce, or de- cline to execute any order, or part of any order, which in his judgment is unnecessary or unwarranted by law, and which will tend to unnecessarily consume the appro- priation for support of the state pi'inting office; and pro- vided further, that in the event that any state officer, board, commission or state institution shall consider the decision of the said superintendent of state printing un- fair, he may refer the matter to the state board of examin- ers, which board shall determine the matter. He shall em- ploy such compositors, pressmen, and assistants as the exigency of the work from time to time requires, and may at any time discharge such employees; provided, that at no time shall he pay said compositors, pressmen, or assist- § 532 EXECUTIVE OFFICERS. 108 aut.s a higher rate of wages than is paid by those employ- ing printers in Sacramento for like work. He shall at no time employ more compositors or assistants than the absolute necessities of the state printing may demand, ami he shall not permit any other than state work to be done in the state printing office. The superintendent of state printing shall, on or before the fifteenth day of September of each year, make a report, in writing, to the governor, embracing a record of the complete transactions of his office for the preceding fiscal year, which report shall show in detail all the items of expense attending the state printing and all the expenses of the office, in- cluding repairs and the purchase of materials of all kinds. Said report shall also state the number of reams and vari- ous kinds of paper delivered to him, and the amount and quality remaining on hand, which report shall be printed, biennially, for the use of the legislature. En. March 12, 1872. Am'd. 1875-6, 18; 1877-8, 10; 1891, 66; 1895, 233. § 532. Paper. In April, eighteen hundred and ninety- six, and in April of every year thereafter, the superintend- ent of state printing shall submit to the state board of examiners samples of the various kinds, sizes, and quali- ties of paper that will probably be required in his office during the year commencing en the then first Monday in July, an estimate of the probable quantity of each kind, size, and quality that will be so required. Upon being satisfied that the kinds, sizes, quantities, and qualities of paper so suggested will be required, they shall direct the iCiuperintendent of state printing to advertise for thirty days, in two daily newspapers, one of which shall be pub- lished in the city of San Francisco, and one in the city of Sacramento, for proposals to furnish such paper, or so much thereof as may be required during the year com- mencing as aforesaid, which bids shall be opened in his office, at twelve o'clock M. on the day appointed, in the presence of the said superintendent, and at least two of the state board of examiners; and the said superin- tendent of state printing, and the members of the state board of examiners then and there present, shall constitute a board to award the contract to the lowest and best re- sponsible bidder. No bid shall be considered unless ac- companied by a certified check, in the sum of two thousand dollars, gold coin, payable to the governor for the use of the people of the state of California, conditioned that 10» EXECUTIVE OFFICERS. §§ 533, 534 if the bidder receives the award of the contract he will, within thirty days, enter into bonds in the sum of ten thousand dollars, with two or more sureties, to be ap- proved by the governor of the state, that he will faithfully perform the conditions of his contract. All bids must be for the furnishing and delivery of the paper and ma- terials at the state printing office, in the city of Sac- ramento, so that the state shall not be charged with any cost of transportation or delivery, which must be specified in th9 advertisement for bids. If all the bids opened shall be deemed too high by said board, they may decline them and advertise again. If the second set of bids are con- sidered too high, the said board may again decline them, and "the superintendent of state printing may purchase such paper in the open market. The prices paid shall in no case be higher than the lowest price at which such paper was offered to be furnished by the bids so rejected. En. March 12, 1872. Am'd. 187-5-6, 19; 1877-8, 11; 1895, 234. § 533. Folding, stitching and binding. All ruling, fold- ing, and folding and stitching, and binding required to be executed for the state, shall be done under the supervision of said superintendent. He shall advertise for thirty days in one daily newspaper published in the city of San Fran- cisco, and one daily newspaper published in the city of Sacramento, specifying the character of the binding, fold- ing, and stitching to be bid upon, for proposals to do all such folding, folding and stitching, ruling and binding, all of which work shall be done in the city of Sacramento, and on the day appointed he shall, in the presence of the board of examiners, open the bids that may be received, and said superintendent of state printing and said board of examiners shall award said contract to the lowest re- sponsible bidder or bidders therefor. En. March 12, 1872. Am'd. 1875-6, 20. § 534. Salary. The annual salary of superintendent of state printing shall be three thousand dollars. He may appoint a deputy superintendent of state printing, who shall be a civil executive officer, and who shall receive a salary of two thousand four hundred dollars per annum. Sec. 2. Said salaries shall be paid at the same time and in the same manner as the salaries of other state officers are paid. En. March 12, 1872. Am'd. 1875-6, 20; 1885, 32; 1897, 238. §§ 535-53S EXECUTIVE OFFICERS. UO § 535. Maintenance of machinery. Whenever any ap- propriation is made for the support of the state printing ofiice, a sum not exceeding one thousand dollars thereof shall be applied when necessary to and used for the pur- pose of repairing the present and purchasing new ma- chinery of the state printing office, in each fiscal year for while the appropriation is made. En. March 12, 1872. Am'd. 1875-6, 20. § 536. Contingent expenses, fund for. Whenever any money is appropriated for the support of the state print- ing office, a sum not exceeding the sum of one thousand dollars thereof shall, in each fiscal year for which the appropriation is made, be applied to and used for the pur- pose of paying contingent expenses of state printing office. The superintendent of state printing shall keep an itemized account of all moneys expended out of the contingent fund hereby created, and shall furnish the governor with a copy of the same, under oath, at the end of each fiscal year. En. March 12, 1872. Am'd. 1875-6, 21; 1877-8, 12. Cal. Rep. Cit. 46, 77. § 537. Warrants for wages. The state treasurer is hereby authorized, when the general fund is exhausted, to advance the money on the controller's warrants, drawn for wages and salaries of the employees in the state print- ing office, out of any public funds in the treasury, which warrants shall be his vouchers until there is money in the general fund to cancel them; provided, that this section shall not apply to any fund against which there are any warrants then due, or to become due, or so as to keep claimants out of their just demands. Any sum of money remaining unexpended of the appropriation heretofore made for the purchase of materials for the state printing office is hereby appropriated to the payment of claims due for the construction of the state printing office. En. March 12, 1872. Am'd. 1875-6, 21. § 538. Maps, engravings, etc. When any chart, map diagram, or other engraving shall be required to illustrate any document ordered to be printed, such chart, map, diagram, or engraving shall be procured by the superin- tendent of state printing. No bills for engraving, or lithographing, or lithograph printing, other than the above, shall be allowed by the board of examiners. All state Ill EXECUTIVE OFFICERS. § 639 printing shall be done in the state printing office. En. Stats. 1875-6, 21. Am'd. 1877-8, 12. § 539. Printing bills. All bills and other documents ordered engrossed by either house of the legislature shall be delivered by the secretary of the senate or chief clerk of the house, as the case may be, to the engrossing clerk of the house ordering the engrossment, who shall deliver Buch bills or other documents, without delay, in the order of their receipt, to the state printer, who shall receipt for the same, and without delay engross (print) the same in the order so received by him, and deliver such en- grossed bill or other documents, with the original thereof to the engrossing clerk from whom he receives the same, who shall carefully compare the engrossed copy with the original, and, if correctly engrossed, report the same back, with the original, to the engrossing committee of the house from which he received it. All bills and other documents that have been printed shall be considered engrossed, if no amendments have been made after being printed, but the original bill or document shall be delivered to the engrossing clerk of the respective houses where same originated, and he shall compare the original bill, or other document, with the printed bill or other document, and forthwith deliver them to the committee on engrossment for return to the house in the same manner as engrossed bills. Such bills, or other documents, shall have a sepa- rate order of comparison from the engrossed bills. And all bills and other documents, required to be enrolled by order of either house, shall be delivered by the secretary of the senate, or chief clerk of the house, as the case may be, to the enrolling clerk of the house ordering such en- rollment, who shall deliver such bills or other documents, without delay, in the order of their receipt, to the state printer, who shall receipt for the same, and who shall, without delay, correctly enroll (print) the same, in the order so received by him, and when enrolled he shall de- liver such enrolled bills or other documents, with the origi- nal thereof, to the enrolling clerk from whom he received the same, who shall carefully compare such enrolled copy with the original, and if correctly enrolled, he shall report the same back, with the original, to the enrolling commit- tee of the house from which he received it. En. Stats. 1891, 426. Am'd. 1895, 110. § 540 EXECUTIVE OFFICERS. 112 § 540. State printing fund. Subdivision 1. There is hereby created a fund to be known as the state printing fund of the state treasury. Subd. 2. The state printing fund shall consist of all moneys appropriated by the legislature for the support of the state printing office, and all moneys received into the state treasury from any source whatever in payment of all printing, ruling, and binding done in the state print- ing office. From it all expenses for the support of the state printing office shall be paid. Subd. 3. The reports of all state officers, boards of officers, commissioners, trustees, regents, and directors, required or authorized by law to make reports, or to pub- lish any circulars, bulletins, and to obtain 'any printed books, stationery, or printed matter of any kind, must be printed, ruled, and bound at the state printing office, at the expense of their respective funds or appropriations, after being first authorized in each instance by the state board of examiners. Subd. 4. The superintendent of state printing, subject to the approval of the board of examiners, shall deter- mine and charge to be made for all printing, ruling, and binding, and shall fix a price from time to time that will cover all costs of material and doing the work, not tak- ing into consideration the cost of the plant of the state printing office. He shall render his bills for each item of printing, ruling, and binding, or other charge against the respective officer or institution ordering the same, which bills shall be audited by the state board of examiners and paid out of the appropriation or fund of the said officer or institution chargeable with the same, on warrants drawn by the state controller. Subd. 5. The controller and treasurer are hereby au- thorized and directed to transfer from the general fund to the state printing fund any and all moneys appropriated from time to time by the legislature for the support of the state printing office. Subd. 6. The superintendent of state printing shall render monthly reports to the state controller of all moneys received under the provisions of this section, and shall pay same into the state treasury to the credit of the state printing fund. 113 EXECUTIVE OFFICERS. §§ 548, 549 Subd. 7. The board of examiners may at any time order the controller to transfer money from the sum al- lowed to any officer, board, or other body mentioned in subdivision three of this section, for printing and other work at the state printing office, to the credit of any other such officer, board, or other body that may need the same, and whose allowance for that purpose has been exhausted. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Ein. Stats. 1899, 68. ARTICLE XIII. STATE GEOLOGIST. § 54S. General duties of. § 549. Report to governor. § 550. Specimens to be delivered to university. § 551. Salary of geologist. § C52. CompensatioH of assistants. § 553. Board of examiners to audit accounts. § 554. Reports and maps to be sold, etc. § 548. General duties of. It is the duty of the state geologist, with the aid of such assistants as he may ap- point, to continue, and, with all reasonable diligence, to complete the geological survey of this state. He must also prepare a report of the survey and superintend the publication thereof in the form of a geological, botanical, zoological, and physiographical history of the state, with full and scientific descriptions of its rocks, fossils, soils, minerals, mines, climates, and physical geography, to- gether with suitable and accurate geological and topo- graphical maps and diagrams of the same. En. March 12, 1872. State geologist, appointment and term of office: Ante, sees. 368, subd. 3, 369. Geological survey, act to continue: Stats. 1872, p. 355. Of this act the code commissioners say it was probably intended to be repealed by the act of 1873-4, p. 694. § 549. Report to governor. He must, as near as may be, at the beginning of each session of the legislature, present to the governor, who must lay the same before the legislature, a report of progress, in which the opera- Pol. Code— S §§ 550-554 EXECUTIVE OFFICERS. 114 tions of the geological survey during the interval since his last preceding report must be set forth, and its most important results made public. En. March 12, 1872. § 550. Specimens to be delivered to university. The geological and other specimens collected by the state geological survey must, excepting such as may be required by the state geologist to aid in the preparation of his re- port, be delivered over to the regents of the state univer- sity, to be by them deposited in the cabinet of the same as the property of the university. En. March 12, 1872. Specimens to be turned over to the university: See Stats. 1874, p. 694. § 551. Salary of geologist. The annual salary of the state geologist is six thousand dollars, payable monthly out of any appropriations which may be made by the legis- lature for the continuation of the work of the survey. En. March 12, 1872. § 552. Compensation of assistants. His assistants re- ceive such compensation as he may determine, payable in the same manner, out of the same fund. En. March 12, 1872. § 553. Board of examiners to audit accounts. The ac- counts of the state geologist, including salaries and all other expenses of the survey, must be audited by the board of examiners, and, if found correct, must be paid out of the state treasury in such manner as may be provided by law. En. March 12, 1872. Board of examiners: Sees. 654 et seq. § 554. Reports and maps to be sold, etc. The volumes and maps of the report must be sold upon such terms as the governor deems to be most advantageous to the state, and any moneys derived from such sales must be applied, to the completion of the unfinished publications of the survey, and the surplus, if any, must be paid into the common school fund of the state. En. March 12, 1872. Acts relating to geological survey, reference to: See General Laws, title Geological Survey. 115 EXECUTIVE OFFICERS. §§ 561-565 ARTICLE XIV. SEALERS OF WEIGHTS AND MEASURES. § 561. General duties of. § 562. County clerks ex-officio sealers. § 563. Duties of county sealers. § 564. Standards for county sealers. § 565. Standards to be marked. § 566. Standards, county sealers to compare, etc. § 567. Fees. § 561. General duties of. The state sealer of weights and measures has the general supervision of the weights and measures of the state. He must take charge of the standards, and see that they are kept in and in no case removed from a fire-proof vault in his office, except for the purpose of comparing and copying. He must correct the standards of the cities and counties, provide them with the necessary standards, balances, and other means of adjustment, and as often as once in ten years com- pare the same with those in his possession. En. March 12, 1872. Weights and measures: Sees. 3209-3233. False: Pen. Code, sees. 552-555. Secretary of state ex-officio sealer of: Ante, sec. 351. Act relating to weights and measures: See act approved April 6, 1891; Stats. 1891, p. 487. See reference to this act in General Laws, title Weights and Measures. § 562. County clerks ex-officio sealers. The county clerks are ex-offlcio county sealers of weights and meas- ures for their respective counties. En. March 12, 1872. § 563. Duties of county sealers. The county sealers must keep in their offices the standards of weights and measures for their respective counties. En. March 12, 1872. § 564. Standards for county sealers. Copies of the orig- inal standards, to be made of such materials as the state seaJer directs, must be deposited by him in the offices of the county sealers of the several counties of this state, at the expense of the counties, which are severally re- sporsible for the preservation of the copies respectively delivered to them. En. March 12, 1872. § 565. Standards to be marked. The state sealer must cause to be impressed on each of the copies of such orig- §§ 566-.J79 EXECUTIVE OFFICERS. l-ti inal standards the letter "C," and such other device as he may direct for the particular county, which device must be recorded in the state sealer's office, and a copy thereof delivered to the respective county sealers. En. March 12, 1872. § 566. Standards, county sealers to compare, etc. The county sealers must compare all weights and measures, which are brought to them for that purpose, with the copies of standards in their possession, and when the same are tound or made to conform to the legal standards, the officer comparing them must seal and mark them as correct. En. March 12, 1872. § 567. Fees. Each county sealer may receive for his services the following fees: For sealing and marking every beam, seventy-five cents; for sealing and marking measures of extension, at the rate of forty cents per yard, not to exceed one dGllar and a half for any one measure; for sealing and marking every weight, twenty-five cents; for sealing and marking liquid and dry measures, if the same are of the capacity of a gallon or more, forty cents; if less than a gallon, twenty cents. En. March 12, 1872. ARTICLE XV. INSPECTOR OF GAS METERS. § 577. To provide testing apparatus. § 578. (Seal. § 579. May appoint deputies. § 580. Mode of inspecting and sealing. § 581. Using uninspected meters, relnspection. § r,S2. Compensation. § .".S?. Residence. § 581. Official bond. § 577. To provide testing apparatus. The inspector of gas meters must provide and keep suitable apparatus for testing the accuracy of gas meters. En. March 12, 1872. Inspector of gas meters, appointment and term of office: Ante, sees. 368, 369. § 578. Seal. He must proyide a suitable seal with which to seal meters inspected by him and found to be correct and must file a copy of such seal in the office of the secretary of state. En. March 12, 1872. § 579. May appoint deputies. He may appoint deputies. En. March 12, 1872. 117 EXECUTIVE OFFICERS. §§ 580-5b4 § 580. Mode of inspecting and sealing. He must, when ever requested, inspect and test the accuracy of any gas meters used or intended to be used for measuring the quantity of gas furnished by any gas company in this state, and when he finds the same correct, seal the same with his seal. No meter shall be accounted correct which registers an amount more than three per cent greater or less than the amount actually passed through it, but the inspector may seal meters registering more than three per cent against the gas company, when requested by the company to do so. Reasonable notice shall be given to the applicant, and also the individual or gas company furnish, ing or proposing to furnish the gas, of the time and place of the inspection of the meter, and opportunity afforded them, their servants or agents, to be present at and wit- ness the inspection. En. March 12, 1872. Am'd. 1875-6, 22 § 581. Using uninspected meters, reinspection. Any in- dividual or gas company placing or using for measuring gas a meter which has not been inspected by the state inspector, and does not bear his seal, shall be guilty of a misdemeanor, nor shall any charge for gas supplied through such a meter be legally collectible; nor shall the refusal of a consumer to pay the same give authority to tlie company to refuse to supply him with gas. When a meter, properly sealed, is once placed for the use of a consumer, an inspection may be had as often as the consumer may request the same in writing, he to pay the fee therefor whenever the meter is found not to register too fast. When the meter is found to register too fast the gas company must pay the fee, together with the costs of re- m.oving and resetting the meter, and the inspector shall remove the seal if there be one upon it; provided, that when any meter found incorrect shall be corrected, it shall be sealed by the inspector without additional charge if presented to him for reinspection within one month. En. March 12, 1872. Am'd. 1875-6, 22. § 582. Compensation. He may collect a fee of two dol- lars and fifty cents for each meter tested. En. March 12, 1872. § 583. Residence. He must reside in the city of San Francisco. En. March 12, 1872. § 584. Official bond. He must execute an official bond in the sum of five thousand dollars. En. March 12, 1872. Official bonds: See post, sees. 947-986. EXECUTIVE OFFICERS. 118 ARTICLE XVI. INSURANCE COMMISSIONER. § 594. Eligibility. § 59-5. General duties of. § .')9H. Business of insurance not to be transacted without his certifi- cate. § 597. To examine affairs of companies, when. § 597a. Companies to furnish list of policy holders and form of policy. Penalty. § 59S. . Fines imposed if companies refuse. § 599. May Ispue subpoenas. § 600. Proceeaings on insolvency of companies. § 601. Proceedings on failure to make up capital. § 602. What constitutes insolvency. I fiOS. Must keep a record. § 604. May employ actuary, when. § 605. Fees to be paid to commissioner. § 606. Assessments for deficiency in salary and expenses. § 607. Certain certificates to be filed in his office. § 60S. Same. § 609. May determine name of new corporation. § 610. Statements to be made by insurance companies. § 611. Statement, contents, publication and filing. § 612. Showing to be made in. § 612a. Liability insurance companies; liabilities, what shall be charged as; reserve fund, how computed; statement to the Insurance commissioner. § 613. Statement by life, health, and accident companies. § 614'. Stock notes, how computed. § 615. To furnish blanks. § 616. Agent upon whom process may be served. § 617. Penalty for failure to make statement. I 61S. Securities deposited by companies. § 619. Deposits, receipts for. • § 620. Deposits returned, when. § 621. Examination of securities, deficiencies. § 622. Retaliatory clause. § €22a. Foreign insurance corporations other than life, tax on premium.^. § €23. Bonds to be filed. § 624. Same. § 625. To furnish assessor with certain information. § 626. Securities. § 627. Statement to be based on gold coin values. § 628. Salary of commissioner. § 629. Salary of deputy. § 630. Contingent expenses. § 631. Location of office. § 632. Official bond. § 63:!. Conditions precedent to license of agent. § 634. Registry of policies, 'deposits for security of. § 635a. Investment company defined. § 635b. Investment companies not licensed by bank or other commis- sioners; deposit with state treasurer cash or securities. § 635c. .\rticles of Incoporation to be filed with secretary of state; fees; statement. S SZiid. Duty of state treasurer; of attorney-general. § G35o. Withvirawal of deposit upon ceasing to do business. § 635f. Right to substitute' securities for cash deposit. § 635g. Amount of money to be loaned out of reserve fund; collateral may be deposited. 8 63oh. Reserve fund. I 6351. Duty of attorney-general. § C25J. Violation of the provisions of this act; penalty. § 635k. Not to do business until deposit Is made. S 6351. Application. 119 EXECUTIVE OFFICERS. §§ 594, b95 § 594. Eligibility. No person is eligible to the office of insurance commissioner or deputy who is an officer, agent, or employee of an insurance company. En. March 12, 1872. Cal. Rep. Cit. 101, 144; 128, 537. ,§ 595. General duties of. The insurance commissioner must receive all bonds and securities of persons engaged in the transaction of insurance business in this state, and file and safely keep the same in his office, or deposit them as provided in this article. He must examine and inspect the financial condition of all persons engaged, or who desire to engage, in the business of insurance; issue a certificate of authority to transact insurance business in this state to any persons in a solvent condition, who have fully complied with the laws of this state, and are in nowise in arrears to the state, or to any county or city of the state, for fees, licenses, taxes, or penalties accrued upon business previously transacted in the state; deter- mine the sufficiency and validity of all bonds and other securities required to be given by persons engaged, or to be engaged, in insurance business, and cause the same to be renewed in case of the insufficiency or invalidity thereof; and perform all other duties imposed upon him by the laws regulating the business of insurance in this state, and enforce the execution of such laws; prepare and furnish, on demand, to all persons engaged in the insurance business, blank forms for such statements or reports as may by law be required of them; make, on or before the first day of August in each year, a report to the governor of this state, containing a tabular statement and synopsis of the reports which have been filed in his office, showing, generally, the condition of the insurance business and interests in this state, and other matters concerning insurance, and a detailed statement, verified by oath, of the moneys and fees of office received by him, and for what purpose. And whenever any insurance com- pany, doing business in this state, shall voluntarily sur- render to the insurance commissioner its certificate of authority previously granted, thereby withdrawing from business in this state, the commissioner must make due publication of such surrender and withdrawal daily for the period of one week, in each of two daily newspapers, the one published in the city of San Francisco, and the other in the city of Sacramento. It is further enacted, that if any action hereafter commenced in any district court of this state, by a citizen thereof, against a foreign corporation or company doing insurance business in this § 596 EXECUTIVE OFFICERS. 11!') state, such corporation or company shall transfer, or cause to be transferred, such action to the United States circuit court, the right of such corporation or company to trans- act insurance business in this state shall thereupon and thereby cease and determine; and the insurance commis- sioner shall immediately revoke the certificate of such cor- poration or company authorizing it to do business in this state, and publish such revocation daily, for the period of two weeks, in each of some tv/o daily newspapers, the one published in the city of San Francisco, and the other in the city of Sacramento. En. March 12, 1872. Am'd. 1873-4, 8; 1877-8, 13. Cal. Rep. Cit. 128, 539. Insurance: See Civ. Code, sees. 2527-2766. Insurance corporations: See Civ. Code, sees. 414-451. Report of insurance commissioner, distribution of: Ante, sec. 337. § 596. Business of insurance not to be transacted with- out his certificate. No .person or company must transact insurance business in this state without first procuring from the insurance commissioner a certificate of authority, as in this chapter provided; and all policies issued or re- newed and all insurances taken before obtaining such certificate of authority, are null and void; and any person who as agent or pretended agent of any insurance com- pany, or other person, shall, without the possession of such certificate of authority, solicit, issue or procure to be is- sued in this state any policy of insurance, shall forfeit to the people of this state the sum of two hundred dollars for each and every policy so issued, or procured to be issued. But any company or corporation belonging to any other state or country, having policies of life insurance out- standing in this state, and that were issued in accordance with the laws of this state, shall have the right to main- tain a special agent in this state, for the collection of renewal premiums on such- policies, and the commissioner is hereby authorized to issue to the duly appointed special agent of such company or corporation, a certificate au- thorizing him to collect such renewal premium; such certificate to be issued on the production to the commis- sioner of satisfactory evidence that such company or cor- poration is authorized to transact life insurance business in the state or country to which it belongs. And any per- son who, as agent of either the insured or Insurer, shall collect such renewal premiums, must, on or before the tenth day of January, annually, file with the commissioner a statement, under oath, showing the gross amount of such annual premiums, collected by him during the year ending 121 EXECUTIVE OFFICERS. §§ 597, 597a on the thii'ty-first day of December, next, preceding, and pay into the office of the commissioner the sum of twenty dollars, gold coin of the United States. Failing to make such statement and payment within the time named, such person shall forfeit to the people of the state of California the sum of one hundred dollars for each and every policy so renewed by the payment to him of such renewal pre- mium. All penalties and forfeitures under this section must be collected by the insurance commissioner, and for th(5 purposes of such collections suits may be insti- tuted by him, in the name of the people of the state of California, in any court of competent jurisdiction. En. March 12, 1872. Am'd. 1873-4, 9; 1873-4, 61; 1877-8, 13; 1880, 89. Cal. Rep. Cit. 80, 40; 98, 7. § 597. To examine affairs of companies, when. The commissioner, whenever necessary, or whenever he is re- quested by verified petition, signed by three persons in- terested, either as stockholders, policy holders, or cred- itors of any person engaged in insurance business, show- ing that such person is insolvent under the laws of this state, must make examination of the business and affairs relating to the insurance business of such person; and for such purpose has free access to all the books and pa- pers of such person, and must thoroughly inspect and examine all his affairs, and ascertain his condition and ability to fulfill his engagements, and whether he has complied with all the provisions of law applicable to his insurance transajctions. Such person and his officers and agents must open his books and papers for the inspection of the commissioner, and otherwise facilitate such exam- ination; and the commissioner may administer oaths and examine under oath, any person relative to the business of such person; 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 person. Such examination must be conducted in the county where such person has his prin- cipal place of business, 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. En. March 12, 1872. § 597a. Companies to furnish list of policy holders and form of policy; penalty. The commissioner has power to, §§ 598. 599 EXECUTIVE OFFICERS. 12:i and whenever h3 deems necessary may, In writing, re- quire any company engaged in insurance business in the state of California, to furnish the commissioner, as of a date, past or present, to be designated by the commis- sioner, a full and complete list of all its policies of insur- ance on poperty or risks located within that portion of the state of California included within the territory described by the commissioner, and which policies had not by the terms thereof expired on the date designated by the com- missioner. Such list must show the number of the policy, the name in which the policy was issued, the amount for which it was issued, the nature and description of the prop- erty on which the policy was written or the nature of the risk assumed by the company, the location or the property and the residence of the insured, and the form or class of such policy as designated on the policy by the company. The commissioner shall require such list to be accompanied by the several forms of policies so designated and classi- fied by the company, and the forms of riders, if any, at- tached to each particular form of policy. Any company which fails or neglects to furnish such lists and forms for the period of ten days from the date of the commissioner's request, shall forfeit its right to do business m this state, and the commissioner shall thereupon revoke, in the man- ner provided in section six hundred of this code, the cer- tificate previously granted such company to do business in this state, and said company shall also be liable to a pen- alty in the sum of two thousand dollars, for the payment of which penalty suits may be instituted by the commis- sioner in the name of the people of the State of California, in a court of competent jurisdiction, to recover such penalty or accumulated penalties. Said company shall be liable for said penalty or penalties upon the bond filed by said company, pursuant to section six hundred and twenty-three of the Political Code. [In effect June 3, 1906.] § 598. Fines imposed if companies refuse. The com- missioner may collect the sum of five hundred dollars from any person engaged in the business of insurance, for each refusal to give full and truthful information, and response in writing, to any inquiry in writing by the commissioner relating to the business of insurance as carried on by him; and for that purpose suits may be instituted by tlie commissioner, in the name of the people of the state of California, in any court of competent juris- diction. En. March 12, 1872. § 599. May issue subpoenas. The commissioner may issue subpoenas for witnesses to attend and testify before 123 EXECUTIVE OFFICERS. §§ 600, 601 him on any subject touching insurance business, or in aid of his duties, which must be served, obeyed, and enforced a.s provided in the Code of Civil Procedure for civil cases, the commissioner to issue attachments and impose the penalty for disobedience; and, in addition, the defaulting witness may be punished as provided in the Penal Code. En. March 12, 1872. § 600. Proceedings on insolvency of companies. When- ever the commissioner ascertains that any person engaged in the insurance business is insolvent within the meaning of this chapter, he must revoke the certificate granted, and send by mail to such person, addressed to him at his principal place of business, or deliver to him personally, notice of such revocation, and cause notice thereof to be filed in his office, and also to be published daily for four weeks in some newspaper published in the city of San Francisco. He must require such person, after receiv- ing notice of the revocation, or after the first publication thereof, to discontinue the issuing of any new policies, and the renewal of any previously issued; and in such cases must require the person, or the manager or agent of the business, to repair the capital thereof within such period as he may designate in such requisition, by assessment upon the stockholders for such amounts as will make the capital equal to the amount of the paid-up capital, ex- clusive of assets needed to pay all ascertained liabilities for losses reported, for expenses and taxes, and exclusive of the entire premiums received for outstanding risks. En. March 12, 1872. Cal. Rep. Cit. 101, 145. § 601. Proceedings on failure to make up capital. In case any person, upon the requisition of the commissioner, fails to make up the deficiency of the capital in accord- ance with the requirements of this chapter, or to comply in all respects with the laws of this state, the commis- sioner must communicate the fact to the attorney-general, who must within twenty days after receiving such commu- nication, commence an action in the name of the people of this state, in the superior court of the county where the person in question is located, or has his principal office, against such person, and apply for an order requiring caus.-^ to be shown why the business should not be closed; and the court must thereupon hear the allegations and proofs of the respective parties, as in other cases. If it appears to the satisfaction of the court that such person Is insol- vent, or that the interests of the public so require, the § 602 EXECUTIVE OFFICERS. 124 court must decree a dissolution of such corporation, and a winding-up of its affairs, and a distribution of the effects of such person; but otherwise, the court must enter a de- cree annulling the act of the commissioner in the premises, and authorizing such person to resume business. But the commissioner must not be held liable for damages if he has acted in good faith. In the event of any additional losses occurring upon new risks taken after the expiration of the period limited by the commissioner in the requisi- tion, and before deficiency has been filled up, the directors of any company, corporation, or association, are individu- ally liable to the extent thereof. En. March 12, 1872. Am'd. 1880, 19; 1887, 7. Cal. Rep. Cit. 101, 138; 101, 143; 101, 145; 101, 146. § 602. What constitutes insolvency. Whenever pro- visions for the liabilities of any person engaged in the business of fire, marine, or inland navigation insurance in this state, for losses reported, expenses, taxes, and reinsur- ance of all outstanding risks, estimated at fifty per cent of the premiums received and receivable on all fire risks and marine time risks, at the full premiums received and receivable on all other marine risks, would so far impair his capital stock paid in as to reduce the same below two hundred thousand dollars, or below seventy-five per cent of said capital stock paid in, such person is insolvent; and in case of a person engaged in such insurance in this state, on the mutual plan, if the available cash assets of such per- son shall not exceed his liabilities, as hereinbefore enumer- ated, in the full sum of two hundred thousand dollars, such person is insolvent; and wherever provision for the liabil- ities of any person engaged in the business of insuring any- one against loss or damage resulting from accident to or injury suffered by an employee or other person for which the person insured may be liable, for losses reported, ex- penses, taxes, and reinsurance of all outstanding risks esti- mated as provided in section 612a of the Political Code would so far impair his capital stock paid in as to reduce the same below one hundred thousand dollars, or below seventy-five per cent of said capital stock paid in, such per- son is insolvent; and whenever provision for the liabilities of any person engaged in any kind of insurance business in this state, other than life, liability and insurance of titles to real estate, provided for in section four hundred and twenty of the Civil Code of this state, for losses re- ported, oxp(;iists, taxes, and reinsurance of all outstand- ing risks, estimated at such rates as are accepted by the insurance authorities of the slate of New York, would so far imi)air his capital stock paid in as to reduce the same m EXECUTIVE OFFICERS. §§ 603-605 below one hundred thousand dollars, or below seventy- five per cent of said capital stock paid in, such person is insolvent; and in case of a person engaged in such insur- ance business in this state, on the mutual plan, if his available cash assets shall not exceed his liabilities, as hereinbefore enumerated, in the full sum of one hundred thousand dollars, such person is insolvent. In the case of a company or a corporation engaged in the business of life insurance, whenever its liabilities for losses reported, expenses, taxes, and reinsurance of all its outstanding risks, at rates based upon the American Eixperience Table of Mortality, and interest at the rate of three and one-half per centum per annum, exceeds its assets, such company or corporation is insolvent. In the case of a corporation or company engaged in the business of insurance of the title to real estate, whenever provision for its liability for losses reported, expenses, and taxes, would, after ex- hausting its surplus fund, so far impair its capital stock paid in as to reduce the same below one hundred thousand dollars, or below seventy-five per cent of said capital stock paid in, such corporation or company is insolvent. En. March 12, 1872. Am'd. 1873-4, 9; 1873-4, 62; 1877-8, 14; 1887, 19; 1905, 379. § 603. Must keep a record. The commissioner must keep and preserve, in a permanent form, a full record of his proceedings, including a concise statement of the condition of each person visited or examined by him. En. March 12, 1872. § 604. May employ actuary, when. The commissioner may employ an actuary to make the valuation of life policies, at the compensation of not exceeding three cents for each thousand dollars of insurance, to be paid by the person or corporation for which the valuation is made. En. March 12, 1872. § 605. Fees to be paid to commissioner. The com- missioner must require in advance, in United States gold coin, the following fees: 1. For filing the articles of incorporation, or certified copy of articles, or other certificate required to be filed in his office, thirty dollars; 2. For filing the annual statement required to be filed, twenty dollars; 3. For filing any other papers required by this chapter to be filed, five dollars; 4. For furnishing copies of papers filed in his office, twenty cents per folio; ^ 5. For certifying copies, one dollar each; 606, 607 EXECUTIVE OFFICERS. 126 6. For each certificate issued as provided in section bl9, the sum of five dollars. En. March 12, 1872. § 606. Assessments for deficiency in salary and ex- penses. If the salary of the commissioner and the ex- penses of his office exceeds the fees and charges collected by him, such excess must be annually assessed by the com- missioner upon all persons or incorporations engaged in the business of insurance in this state, and they are sev- erally liable therefor, pro rata, according to the amount of premiums received or receivable from risks taken in this state, respectively, during the year ending on tho thirty-first day of December next preceding the assess- ment. The commissioner must collect all fees and assess- ments, and pay monthly into the state treasury whatever amounts may be received and collected by him. He may bring actions in the name of the people of this state to enforce such collection; and any person liable for any assessment, who neglects or refuses to pay the amount of such assessment within ten days after demand thereoi, in writing, by the insurance commissioner, becomes liable to pay double the amount of such assessment, and any judgment recovered in such case must be for such double amount and costs. En. March 12, 1872. Cal. Rep. Cit. 117, 242. § 607. Certain certificates to be filed in his office. The commissioner must cause every corporation or person, before engaging in the business of insurance, to file in his office as follows: 1. If incorporated under the laws of this state, a copy of the articles of incorporation or statement of any in- crease or diminution of the capital stock, certified by the secretary of state to be a copy of that which is filed in his office. 2. If incorporated under the laws of any other state or country, a copy of the articles of incorporation, If or- ganized or formed under any law requiring articles to be filed, duly certified by the officer having the custody of such articles; or if not so organized, a copy of the law, charter, or deed of settlement under which the deed of organization is made, duly certified by the proper cus- todian thereof or proved by affidavit to be a copy; also, a certificate under the hand and seal of the proper offiicer of such state or country having supervision of insurance business therein, that such corporation or company is or- eanizod under the laws of such state or country, with the amount of capital stock or assets required by this chapter. 127 EXECUTIVE OFFICERS. §§ 608, 609 3. If not incorpor'ated, a certificate setting forth the nature and character of the business, the location of the pi'incipal office, the names of the persons and of those composing the association, the 'amount of actual capital employed or to be employed therein, and the names of all officers and persons by whom the business is or may be managed. The certificate must be verified by the affi- davit of the chief officer, secretary, agent, or manager of the association; and if there are any written articles of agreement or association, a copy thereof must accom- pany such certificates; provided, however, when the num- ber of persons composing such association shall exceed ten, such certificate need not state the names of any greater number of persons than ten, who shall be the largest shareholders; and if such association of persons be formed out of \he United States, the said certificate need not contain the names of any officers or managers other than those resident within the United States, nor any statement of capital not employed within the United States, and the affidavit may be made by the chief execu- tive officer or manager in the United States. En. March 12, 1872. Am'd. 1887, 8. § 608. Same. He must require from every insur^ance association not formed under the laws of this state, or not incorporated, carrying on the business of insurance by an agent: 1. A certified or verified power of attorney, or written authority to such agent; 2. A notice of any change of agents or in the powers of any agent, within ninety days after such change, and a certified copy of any new or further power of attorney or authority before the same is 'acted under; 3. When by any law, agreement, or other writing, any change is made in request to any of the particulars set forth in the certificate on file, a certified copy of such law, agreement, or other writing, verified respectively as certificates are required to be verified; also, a notice of such change before the same is acted under. En. March 12, 1872. § 609. May determine name of new corporation. The commissioner must require the name under which any cor- poration hereafter proposes to be formed or organized under the laws of this state for the transaction of insur- ance business, to be submitted to him before the com- mencement of such business; and he may reject any name or title so submitted when the same is an interference §§ CIO, «u EXECirrrvE officers. izs with or to similar to one already appropriated, or likely to mislead the public in any respect; and in such case a name not liable to such objection must be chosen. En. March 12, 1872. § 610. Statements to be made by insurance companies. The commissioner must i-equire from every corporation or person doing the business of insurance in this state, state- ments verified as follows: 1. If it be made by a corporation organized under the laws of this state, by the oaths of the president and sec- retary, or the vice-president and secretary thereof. 2. If it be made by an individual or firm, by the oath of such individual or a member of the firm. 3. If made by a foreign insurance company or person, by the oath of the principal executive officer thereof, or manager residing within the United States. En. March 12, 1872. Am'd. 1873-4, 10; 1887, 9. § 611. Statement, contents, publication and filing. All corporations or persons doing the business of insurance in this state must make and file with the insurance com- missioner, on or before the fifteenth day of January of each year, a statement, verified by the oath of the prin- cipal executive oflBcer or manager residing in this state, showing the business done in this state during the year ending the thirty-first day of December then next pre- ceding. They shall also make and file with said com- missioner, at the times hereinafter mentioned, further statements, which must exhibit the condition and affairs of every such corporation, person, firm, or association, on the thirty-first day of December, then next preceding, which statements, as adjusted by the commissioner upon a proper examination of the same, must be published by such corporation, person, firm, or association, daily, for the period of one week, in some newspaper published in the city where the principal office in this state is located. Such statement, if made by a person or corpora- tion organized under the laws of this state, must be filed with the commissioner on or before the first day of Feb- ruary of each year. If made by a person or persons resid- ing in, or corporation organized under the laws of any oth(>r of the states or territories of the United States, it must be filed on or before the tenth day of March of each year. And if made by a person, or corporation organize 1 under the laws of any country foreign to the United States, it must be filed on or before the first day of May of each year. En. March 12, 1872. Am'd. 1873-4, 10; 1877-8, 15; 1887, 9. 129 EXECUTIVE OFFICERS. § 612 § 612. Showing to be made in. Such statement, if made by fire, marine, and inland insurance companies, or by companies organized under section four hundred and. twenty of the Civil Code, must show: First — The amount of the capital stock of the company. Second — The property or assets held by the company, specifying: 1. The value of real estate held by said company. 2. The amount of cash on hand and deposited in banks to the credit of the company, specifying the same. 3. The amount of cash in the hands of agents, and in course of transmission. 4. The amount of loans secured by bonds and mortgages, constituting the first lien on real estate, on which there is less than one year's interest due or owing. 5. The amount of loans on which interest has not been paid within one year previous to such statement. G. The amount due the company on which judgments have been obtained. 7. The amount of stocks of this state, of the United States, or any incorporated city of this state, and of any other stocks owned by the company, specifying the amount, number of shares, and par and market value of each kind of stocks. 8. The amount of stocks held as collateral security for loans, with the amount loaned on each kind of stock, its par value and market value. 9. The amount of interest due and unpaid. 10. The amount of all other loans made by the com- pany, specifying the same. 11. The amount of premium notes on hand on whiich policies are issued. 12. All other property belonging to the company, speci- fying the same. Third — The liabilities of such company, specifying: 1. The amount of losses due and unpaid. 2. The amount of claims for losses resisted by the com- pany. 3. The amount of losses in process of adjustment or in suspense, including all reported or supposed losses. 4. The amount of dividends declared, due and remain- ing unpaid. 5. The amount of dividends declared, but not due. 6. The amount of money borrowed and security given for the payment thereof. Pol. Code— 9 6 § 612 EXECUTIVE OFFICERS. 130 7. Gross premium (without any deductions) received and receivable upon all unexpired fire risks, running one year or less from date of policy, reinsurance thereon at fifty per cent. 8. Gross premiums (without any deductions) received 'and receivable upon all unexpired fire risks running more than one year from the date of policy, reinsurance thereon pro rata. 9. Gross premiums (without any deductions) received and receivable upon all unexpired marine and inland nav- igation risks, except time risks, reinsurance thereon, at one hundred per cent. 10. Gross premiums (without any deductions) received and receivable on marine time risks, reinsurance thereon at fifty per cent. 11. Amount reclaimable by the insured on perpetual fire insurance policies, being ninety-five per cent of the premiums or deposit received. 12. Reinsurance fund and all other liabilities, except capital, under the life insurance or any other special de- partment. 13. Unused balances of bill.. Xid notes taken in advance for premiums on open marine and inland policies, or other- wise, returnable on settlement. 14. Principal unpaid on scrip or certificates of profits, which have been authorized or ordered to be redeemed. 15. Amount of all other liabilities of the company, speci- fying the same. Fourth — The income of the company during the preced- ing year, specifying: 1. The amount of cash premiums received. 2. The amount of notes received for premiums. 3. The amount of interest money received, specifying the same. 4. The amount of income received from all other sour- ces, specifying the same. Fifth — The expenditures of the preceding year, specify- ing: 1. The amount of losses paid. 2. The amount of dividends paid. 3. The amount of expenses paid, including commissions and fees to agents and officers of the company. 4. The amount paid for taxes. 5. The amount of all other payments and expenditures. 130a EXECUTIVE OFFICERS. § 612a Sixth: 1. The amount of risks written during the year. 2. The amount of risks expired during the year. 3. The amount of risks written during the year in the state of California. 4. The amount of premiums thereon. Provided, that any foreign fire, marine, or inland in- surance company, incorporated or not incorporated, doing business within this state, having on deposit at any place within the United States, assets to the amount of two hundred thousand dollars over and above its liabilities in the United States, as security for the policy holders therein, may at its option make a separate statement to the insurance commissioner of its foreign business and assets, but shall be required to return only the business done in the United States, and the assets held by or for it within the United States for the protection of policy holders therein. En. March 12, 1872. Am'd. 1877-8, 15; 1887, 5. § 612a. Liability insurance companies; liabilities, what shall be charged as; reserve fund, how computed; state- ment to the insurance commissioner. In estimating the condition of any person engaged in the business of lia- bility insurance under the provisions of this article the insurance commissioner shall charge as liabilities all out- standing indebtedness of such person, and the premium reserve on policies in force, equal to the unearned por- tions of the gross premiums charged for covering the risks, computed on each respective risk from the date of the issuance of the policy. There shall also be charged as a liability to each person engaged in the business of insur- ing anyone against loss or damage resulting from acci- dent to or injury suffered by an employee or other per- son for which the person insured may be liable whether a natural person, a firm or a corporation organized under the l\ws of this or any other state or county a further reserve as hereinafter prov ded. For the purpose of com- puting said reserve, each person who has been engaged in liability underwriting for ten years or more, shall, on or before the first day of October in each year, state in writing to the insurance commissioner his experience in the United States, under all forms of liability policies, each year separately according to the calendar years in which the policies were written, during a period of five § 612a EXECUTIVE OFFICERS. 130b years commencing ten years previous to the thirty-first day of December of the year in which the statement is made, in the following particulars, namely: the number of per- sons reported injured under all of the forms of liability policies, whether such injuries were reported to the home office of the given person or to any of his representatives; the amount of all payments made on account or in con- sequence of injuries reported under such policies; the num- ber and amount, separately, of all suits or actions against policy holders under such policies which have been settled, either by payment or compromise; both of the above amounts to be ascertained as of date of the thirty-first day of August of the year in which the statement is made, and to include in the case of suits all payments made on ac- count or in consequence of the injury from which the suit arose, whether prior to or later than the date at which the suit was brought. Each such person shall thereupon re- serve upon all said kind of policies, irrespective of the date at which the policies were issued (1) for each suit or action pending, on injuries reported prior to eighteen months pre- vious to the date of making the statement, whether such injuries were reported to the home office of the given per- son or to any of his representatives, and which is being defended for or on account of the holder of any such pol- icy the average cost thereof as shown by said experience, and (2) for injuries reported under such policies at any time within eighteen months, whether such injuries were reported to the home office of the given person or to any of his representatives, the average cost for each injured person as shown by said experience. From the sum so ascertained the person may deduct (1) the amount of all payments or said pending suits on injuries reported prior to eighteer month.s, including all payments made on ac- count or in consequence of the injury from which the suit arose, whether prior to or later than the date at which the suit was brought, and (2) the amount of all payments made on account or in consequence of said injuries re- ported within eighteen months: both of the above amounts to be taken as of the date at which the statement is made. Any person who now issues, or shall hereafter issue, lia- bility policies as aforesaid, and who has not been engaged in liability underwriting for ten years, shall nevertheless, until such times as he may be able to state his experience of the period hereinbefore required, make and maintain a reserve upon all said kind of policies, irrespective of the 131 EXECUTIVE OFFICERS. § 613 date at which the policies were issued, determined as fol- lows: (1) Suit or action pending. For each suit or action pending, on injuries reported prior to eighteen months pre- vious to the date of making the statement, whether such Injuries were reported to the home office of the given per- son or to any of his representatives, and which is being defended for or on account of the holder of any such pol- icy the average cost thereof as shown by the average of said experience of all other persons stated as required by this section, and (2) for injuries reported under such pol- ices at any time within eighteen months, whether such injuries were reported to the home office of the given per- son or to any of his representatives, the average cost for each injured person as shown by the average of said ex- perience of all other persons stated as required by this section; which average costs for suits and for injured per- sons shall be furnished by the insurance commissioner to each such person on or before the first day of December, in each year. From the sum so ascertained each such person may deduct (1) the amount of all payments on said pending suits on injuries reported prior to eighteen months, including all payments made on account or in consequence of the injury from which the suit arose, whether prior to or later than the date at which the suit was brought, and (2) the amount of all payments made on account or in con- sequence of said injuries reported within eighteen months; both of the above amounts to be taken as of the date at which the statement is made. En. Stats. 1905, 380. § 613. Statement by life, health, and accident com- panies. Such statement, if made by life, health, and ac- cident companies, must show: First — The amount of the capital stock of the company. Second — The property or assets held by the company, specifying: 1. The value of the real estate held by the company. 2. The amount of cash on hand and deposited in banks to the credit of the company, specifying the same. 3. The amount of loans secured by bond and mortgage on real estate, specifying the same. 4. Amount of loans secured by pledge of bonds, stocks, or other marketable securities as collateral, specifying the same. 5. Cash market value of all stocks and bonds owned by the company, specifying the same. § t;]3 EXECUTIVE OFFICERS. 132 6. Interest due the company and unpaid. 7. Interest accrued, but not due. 8. Premium notes and loans in any form talcen in pay- ment of premiums on policies now in force'. 9. Gross amount of premiums in process of collection and transmission on policies in force. 10. Gross amount of deferred premiums. 11. All other assets, specifying the same. Third — Liabilities. 1. Claims for ^eath losses and m.atured endowments, due and unpaid. 2. Claims for death losses and matured endowments in process of adjustment, or, adjusted and not due. 3. Claims resisted by the company. 4. Amounts due and unpaid on annuity claims. 5. Trust fund, on deposit, or net present value of all the outstanding policies, computed according to the Ameri- can Experience Tables of Mortality, with four and one-half per cent interest. 6. Additional trust fund on deposit, or net present value of extra and special risks, including those on impaired lives. 7. Amount of all unpaid dividends of surplus percent- ages, bonuses, and other description of profits to policy holders, and interest thereon. 8. Amount of any other liability to policy holders, or annuitants not included above. 9. Amount of dividends unpaid to stockholders. 10. Amount of national, state, and other taxes due. 11. All other liabilities, specifying the same. Fourth — Income. 1. Cash received for premiums on new policies during the year. 2. Cash received for renewal of premiums during the year. 3. Cash received for purchase of annuities. 4. Cash received for all other premiums. 5. Cash received for interest on loans, specifying the same. 6. Rents received. 7. Cash received from all other sources, specifying the same. 8. Gross amount of notes taken on account of new premiums. 183 EXECUTIVE OFFICERS. §§ 614, 615 9. Gross amount of notes taken on account of renewal premiums. Fifth — Expenditures. 1. Cash paid for losses. 2. Cash paid to annuitants. 3. Cash paid for lapsed, surrendered, and purchased policies. 4. Cash paid for dividends to policy holders. 5. Cash paid for dividends to stockholders. 6. Cash paid for reinsurances. 7. Commission paid to agents. 8. Salaries and other compensation of officers and em- ployees, except agents and medical examiners. 9. Medical examiners' fees and salaries. 10. Cash paid for taxes. 11. Cash paid for rents. 12. Cash paid for commuting commissions. 13. All other cash payments. Sixth — Balance sheet of premium note account. Seventh — Balance sheet of all the business of the com- pany. Eighth: 1. Total amount of insurance effected during the year on new policies. 2. Total amount of insurance effected during the year in the state of California. 3. Premiums received during the year on risks written in the state of California. En. March 12, 1872. § 614. Stock notes, how computed. Mutual companies formed, existing, and doing business under an act entitled "An act to provide for the incorporation of mutual insur- ance companies," passed April twenty-sixth, eighteen hun- dred and fifty-one, may report their approved stock notes as capital paid up, and such notes for all purposes must be deemed part of the paid-up capital stock of such corpo- ration. En. March 12, 1872. § 615. To furnish blanks. The insurance commis- sioner must cause to be prepared, and furnish to each per- son and to each of the companies incorporated in this state, and to the attorney of each of the companies in- corporated or chartered by other states and foreign gov- ernments, printed forms of the statements herein required; and he may make such changes from time to time in the § 616 EXECUTIVE OFFICERS. 134 form of the same as seems to him best adapted to elicit from the companies a true exhibit of their condition in respect to the several points hereinbefore enumerated. The same forms must be addressed to all persons and companies engaged in the same kind of business. En. March 12, 1872. § 616. Agent upon whom process may be served. The insurance commissioner must require, as a condition pre- cedent to the transaction of insurance business in this state by any foreign corporation or company, that such corporation or company must file in his office the name of an agent and his place of residence in this state, on whom summons ami other process may be served in all actions or other legal proceedings against such corporation or company. All process so served gives jurisdiction over the person of such corporation or company. The agent so appointed and designated shall be deemed in law a general agent, and must be the principal agent or chief manager of the business of such corporation or com- pany in this state. Any such foreign corporation or com- pany shall, as a further condition precedent to the trans- action of insurance business in this state, and in consid- eration of the privilege to transact such insurance busi- ness in this state, make and file with the insurance com- missioner an agreement or stipulation, executed by the proper authorities of such corporation or company, in form and substance as follows: The (giving name of cor- poration or company) does hereby stipulate and agree, that in consideration of the permission granted by the state of California to it to transact insurance business in this state, that if at any time said corporation or company shall be without an agent in said state, on whom sum- mons or other legal process may be served, service of such summons or other legal process may be made upon the insurance commissioner, such service upon the com- missioner to have the same force and effect as if made upon the corporation or company. Whenever such ser- vice of summons or other legal process shall be made upon the insurance commissioner, he must, within ten days thereafter, transmit by mail, postage paid, a copy of such summons or other legal process to the company o- corporation, addressed to the president or secretary thereof, at its home or principal office. Such copy must be certified by the commissioner, under his hand and official seal, and the sending of such copy by the said 135 EXECUTIVE OFFICERS. §§ 617, 618 commissioner sliall be a necessary part of the service of summons or other legal process. En. March 12, 1872. Am'd. 1873-4, C3; 1877-8, 17. Cal. Rep. Cit. 95, 600; 128, 537; 128, 538; 128, 539. Agent upon whom process may be served: See post, sec. 633. § 617. Penalty for failure to make statement. The com- missioner must collect the sum of one hundred dollars from any company or corporation engaged in the busi- ness of insurance in this state, for a failure to make and file in his office within the time prescribed by law, the statements and stipulations required by sections six hun- dred and ten, six hundred and eleven, six hundred and twelve, six hundred and thirteen, and six hundred and sixteen of this code, and an additional penalty of two hundred dollars for each and every month or fractional part of a month thereafter that such company or corpo- ration continues to transact the business of insurance un- til such statements and stipulations are filed; and for that purpose suits may be instituted by the insurance com- missioner, in the name of the people of the state of Cali- fornia, in any court of competent jurisdiction. And for all lawful expenses incurred under this section or any other section of this code, in the prosecution of any suit or proceeding for the enforcement of the insurance laws of this state, the insurance commissioner must present bills duly certified by him, with the vouchers, to the state board of examiners, who must allow the same and direct payment thereof to be made; and the controller shall draw warrants thereto • on the treasurer for the payment of the same to the insurance commissioner (in addition to the ordinary contingent expenses) out of the general fund. En. March 12, 1872. Am'd. 1873-4, 65; 1877-8, 18; 1887, 11. § 618. Securities deposited by companies. Whenever the laws of any state of the United States, or of any coun- try foreign to the United States, require any insurance company or corporation organized under the laws of this state to deposit with some officer of this state securities in trust for and for the benefit of the policy holders of such company or corporation, as a prerequisite to transacting insurance business in such other state or foreign country, and whenever, under any laws of this state, any insurance company or corporation is required to deposit with any §§ 619, 620 EXECUTIVE OFFICERS. 136 officer of this state securities in trust for and for the benefit of policy holders of such company or corporation, the insurance commissioner of this state must receive from such company or corporation securities in the amount re- quired by the law under which such deposit is made, on deposit and in trust for the policy holders of such com- pany or corporation. The value of such securities must Le equal to the value in interest-bearing stocks and bonds of the United States government, but none of such securi- ties must be estimated above the par value of the same, nor above their market value. The commissioner must, upon the receipt of such securities, forthwith make a spe- cial deposit of the same in the state treasury, in pack- ages marked with the name of the company or corpora- tion from whom received, where they must remain as se- curity for policy holders in the company or corporation to which they respectively belong; but so long as the com- pany or corporation continues solvent, he must permit it to collect the interest or dividends on the securities so deposited, and from time to time withdraw any such se- curities on depositing other securities in the stead of those to be withdrawn; such new securities to be of the same value mentioned in this section, but such securities must not be withdrawn from the state treasury unless upon the v.-^ritten order of the acting president and secretary of the corporation making the deposits, which order must be indorsed by the commissioner, or upon the order and authority of some court of competent jurisdiction. En. March 12, 1872. Am'd. 1877-8, 18. § 619. Deposits, receipts for. "Whenever any insurance company or corporation has deposited with the commis- sioner the requisite security, in conformity with the re- quirements of the preceding section, the commissioner must issue to such company or corporation a certificate, under his official seal, of such deposit, for each state or country requiring the same; which said certificate must state the items and amount of securities so deposited, and that they are of the value therein represented. En. March 12. 1872. Am'd. 1877-8, 19. § 620. Deposits returned, when. Whenever any insur- ance company or corporation so depositing securities with the commissioner, has paid, canceled or reinsured all its unexpired policies outstanding in the state, satisfactorily 137 EXKCUTIVE OFFICERS. §§ 621, 622 to the holders thereof, and all its liabilities under such policies are extinguished or assumed by other responsible companies or corporations, then, if on application of such company, or corporations, verified by the oaths of its president and secretary, and from an examination of the books of the corporation, and of its officers, under oath, the insurance commissioner is satisfied that all of its . policies are so paid, canceled, extinguished, or reinsured, he must deliver up to the corporation the securities de- posited. And whenever the laws of any other state or country, by reason of which section six hundred and twen- ty-two of the Political Code of this state is brought into force, shall be repealed and abrogated, and any deposit which shall have been made with the commissioner, under and by reason of said section six hundred and twenty-two of the Political Code, must be delivered up to the company or corporation making the deposit. En. March 12, 1872, Am'd. 1877-8, 19. § 621. Examination of securities, deficiencies. The com- missioner must make an annual examination of the securi- ties received by him from each insurance company or corporation, and if it appear at any time that the securities deposited by any such company or corporation amount to less than the sum required for the purposes for which the deposit was made, he must notify the company or corpora- tion thereof, and unless the deficiency is made up within thirty days after notice the commissioner must counter- mand all the certificates he may have issued to the com- pany or corporation under this chapter, and give notice thereof to the officers of the several states to whom the certificate may have been transmitted; and he must also publish the notice for three weeks successively in some daily newspaper published in the city of San Francisco, at the expense of the company or corporation, to be collected by assessment upon the company or corporation, or its duly appointed agent in this state. En. March 12, 1872. Am'd. 1877-8, 19. § 622. Retaliatory clause. When by the laws of any other state or country, any taxes, fines, penalties, licenses, fees, deposits of money, or of securities, or other obliga- tions, or prohibitions, are imposed on insurance compan- ies 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 securities, § 622a EXECUTIVE OFFICERS. 138 or other obligations or prohibitions, imposed upon insur- ance 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 upon in- surance companies of such other state or country doing business in this state. And whenever under this section any deposit of security shall be made in this state, such deposit shall be made in stocks or bonds of the United States government, or in those of the state of California, or in interest-bearing bonds of any of the counties or in- corporated cities and towns of the state of California not in default for interest on such bonds, which said securities must be estimated at not exceeding their par value nor their market value. En. March 12, 1872. Am'd. 1873-4, 11; 1877-8, 20; 1897, 242. Cal. Rep. Cit. 74, 122. S 622a. Foreign insurance corporations other tlian life, tax on premiums. Every insurance company or associa- tion other than life, not organized or incorporated under the laws of California, and doing business in this state, and every other insurance company other than life, whose charter may be owned, or a majority of whose stock may be controlled, or whose business may be carried on in the interest, or for the benefit of any insurance company or association not organized or incorporated under the laws of California, shall annually pay to the insurance com- missioner, for the state, a tax of two (2) per cent upon the amount of the gross premiums received upon its business done in the state, during the year ending on the preceding thirty-first day of December, less return premiums, rein- surance in companies or associations authorized to do business in this state, and losses actually paid on its busi- ness in this state, and every life insurance company or as- sociation not organized or incorporated under the laws of California, which does business or collects premiums or assessments in the state, shall annually pay to the insur- ance commissioner, for the state, a tax of one per cent upon the amount of the gross premiums received upon its busines.s done in this state during the year ending on the preceding thirty-first day of December. This section shall not be held or construed so as to relieve any company or organization from any tax, fee or other obligation or charge imposed upon it by the provisions of section six hundred and twenty-two of this code, and whenever the taxes imposed by the application of section six hundred 139 EXECUTIVE OFFICERS. §§ ^'^S-G-^^ and twenty-two exceed those imposed by the application of this section th3 provisions of the former section shall prevail. En. Stats. 1903, 359. Am'd. 1905, 136. § 623. Bonds to be filed. The commissioner must re- quire every company, association, or individual, not incor- porated under the laws of this state, and proposing to transact insurance business by agent or agents in this state, before commencing such business to file in his office a bond, to be signed by the person or firm, officer or agent, as principal, with two sureties, to be approved by the com- missioner, in the penal sum of two thousand dollars for each insurance company, association, firm, or individual for whose account it is proposed to collect premiums of insurance in this state, the conditions of such bonds to be as follows: 1. That the person or firm, agent, or officer named therein, acting on behalf of the company, association, firm, or individual named therein, will pay to the treasurer of the county, or city and county, in which the principal oifice of the agency is located, such sum per quarter, quar- terly in advance, for a license to transact an insurance business, or such other license as may be imposed by law, so long as the agency remains in the hands of the person or firm, officer, or agent named as principal in the bond. 2. That the person or firm, officer, or agent, will pay to the state all stamp or other duties on the gross amounts insured by them, in the manner and at the time prescribed by law, inclusive of renewals on existing policies. 3. That the person, firm, agent, or corporation named therein, will conform to all the provisions of the revenue and other laws made to govern them. En. March 12, 1872. § 624. Same. Whenever the same person, firm, oflicer, or agent desires to collect premiums of insurance for more than one company, association, or individual, not incor- porated under tlie laws, of this state, the commissioner must require a separate bond, as provided in the preceding section, for each company or association so represented by such person, firm, officer, or agent. En. March 12, 1872. Cal. Rep. Cit. 74, 122. § 625. To furnish assessor witli certain information. The commissioner must, before the commencement of each §§ 626-630 EXECUTIVE OFFICERS. 140 fiscal year as fixed in the revenue laws, furnisli the asses- sor of the county in which the principal office of any per- son or corporation doing the business of insurance is situ- ated, all the data concerning premiums collected by, and all other necessary information in relation to the business of su'ch person or corporation as will assist the assessor in the performance of his duties. En. March 12, 1872. § 626. Securities. The commissioner must require from every person, before and after engaging in the business of insurance, a full compliance with all the provisions of title II, part IV, division I, of the Civil Code applicable thereto; and every person neglecting to comply with such requirements is subject to the fines and penalties therein prescribed. En. March 12, 1872. Insurance corporations: See Civ. Code, sees. 414-450. § 627. Statement to be based on gold coin values. All statements, estimates, percentages, payments, and calcu- lations required by this chapter to be made, either by the commissioner or persons engaged in the business of fire or marine insurance, must be in gold coin of the United States. En. March 12, 1872. § 628. Salary of commissioner. The annual salary of the insurance commis.sioner is three thousand dollars. En. March 12, 1872. Am'd. 1880, 88. § 629. Salary of deputy. The annual salary of the dep- uty of the insurance commissioner is eighteen hundred dol- lars. En. March 12, 1872. Am'd. 1880, 88; 1887, 12. Deputy is an executive officer: Ante, sec. 343. § 630. Contingent expenses. The commissioner may procure rooms for his office at a rent not to exceed seven- ty-five dollars per month, and may provide a suitable safe and furniture therefor; he may also provide station- ery, fuel, printing, and other conveniences necessary for the transaction of the business of his office. Out of the funds paid into the state treasury by the insurance com- missioner, there shall be set aside and reserved each and every year the sum of two thousand dollars, as a special fund, to be called the insurance commissioner's special fund. All expenditures authorized in this section must be 141 EXECUTIVE OFFICERS. §i5 631-633 audited by the board of examiners, who must allow the same and direct payment thereof to be made; and the con- troller shall draw warrants therefor on the state treasury for the payment of the same to the insurance commis- sioner out of the said insurance commissioner's special fund. En. March 12, 1872. Am'd. 1887, 12. § 631. Location of office. The commissioner must keep his office in the city of San Francisco. En. March 12, 1872. § 632. Official bond. The commissioner must execute an official bond in the sum of ten thousand dollars. En. March 12, 1872. Official bonds: Generally, see post, sees. 947-986. § 633. Conditions precedent to license of agent. No person shall, in this state, act as the agent or solicitor of any life insurance company doing business in this state until he has produced to the commissioner, and filed with him, a duplicate power of attorney from the company, or its authorized agent, authorizing him to act as such agent or solicitor. Upon filing such power, the commissioner shall issue a license to him to act as such agent or solici- tor for such company, if such company has received a cer- tificate of authority from such commissioner to do busi- ness in this state. Such license shall continue in force twelve months from the date thereof, but may be and shall be sooner revoked upon application of the company or its authorized agent. Such license may be renewed, from time to time, for an additional period of twelve months, on production, by the holder, to the commissioner, of a certificate from the company that such person's authority as such agent or solicitor continues. For each such li- cense or renewal thereof, the commissioner shall receive the sum of one dollar. The commissioner shall keep an alphabetical list of the names of the persons to whom such licenses shall be issued, with the date of the license and renewal, and the name of the company for whom such person is working. If any person shall, under a false or fictitious name, procure, or attempt to procure, a license to act as agent or solicitor of any life insurance company, he shall be guilty of a misdemeanor. Every person who, in this state, procures, or agrees to procure, any insurance for a resident of this state from any insurance company § 633 EXECUTIVE OFFICERS. 142 not incorporated under the laws of this state, unless such company or its agent has filed the bond required by the laws of this state relating to insurance, and obtained from the commissioner a certificate of authority to do business, and every person who solicits or procures any life insur- ance without having been duly licensed so to do by the commissioner, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished accordingly. The in- surance commissioner must require, as a condition pre- cedent to the" transaction of life insurance business in this state, that every life insurance corporation or com- pany created by the laws of any other state, or of any foreign country must file in his oflice the name of an agent, and his place of residence in this state, on whom summons and othjr process may be served in all actions or other legal proceedings against such corporation or company; all process so served gives jurisdiction over such corporation or company. The agent so appointed must be the principal agent of such corporation or com- pany in this state. Any such foreign corporation or com- pany shall, as a further condition precedent to the trans- action of insurance business in this state, and in consid- eration of the privilege to transact such insurance busi- ness in this state, make and file with the insurance com- missioner an agreement or stipulation, executed by the proper authorities of such corporation or company, in form and sul)Stance as follows: The (giving name of corpora- tion or company), does hereby stipulate and agree that in consideration of the permission granted by the state of California to it to transact insurance business in this state, that if at any time such corporation or company shall, under the existing provisions of law in this state in rela- tion to insurance companies, be without an agent in this state on whom summons or other legal process may be served, service of such summons or other legal process may be made upon the insurance commissioner, such service upon the commissioner to have the same force and effect as if made upon the corporation or company. Whenever such service of summons or other legal process shall be made upon the insurance commissioner, he must, within ten days thereafter, transmit by mail, by registered letter, a copy of such summons or other legal process to the cor- poration, addressed to the president or secretary thereof, at its home or principal office; such copy must be certified by the commissioner, under his hand and official seal, and the sending of such copy by the said commissioner shall 142a EXECUTIVE OFFICERS. S 63* be a necessary part of the service of summons or other legal process. En. Stats. 1873-4, 66. Am'd. 1880, 90; 1893, 116. Agent upon whom process may be served: See ante, sec. 616. § 634. Registry of policies, deposits for security of. It shall be lawful for any company or corporation, trans- acting the business of life insurance in this state, to reg- ister with the insurance commissioner, such of its policies as may be agreed upon by the company and the insured; such registration to consist in a written or printed list of such policies filed with the commissioner, showing the name and age of the insured, number and date of the pol- icy and the kind and amount of insurance in each case. Such list must be filed with the commissioner within thirty days after the issuance of the first registered pol- icy, and must contain 'all such policies issued up to date of filing. After that date, the company must, within three days after the first day of each calendar month, file a statement embracing all its registered policies issued since the filing of its last preceding lists. Upon filing such lists of policies, from time to time, the company must deposit with the commissioner, as a special deposit for the bene- fit of such registered policies, securities of the denomina- tions stated in section four hundred twenty-one of the Civil Code as permissible for the investment of the cap- ital and accumulations of insurance companies. Such de- posits must be in an amount equal to the full net value of all policies registered up to the time of making the de- posit, and must, at all times, be equal to such -net value of all registered policies. Upon receipt of such securities the commissioner must immediately deposit them in the state treasury, in accordance with the provisions of sec- tion six hundred and eighteen of the Political Code, where they must remain as a special security for the benefit of such registered policies. Such company may, at any time, withdraw any excess of securities above the net present value hereinbefore specified, upon satisfying said commissioner by written proof that such excess exists, and shall be allowed to receive the interest on all securi- ties deposited and to exchange such securities by sub- stituting other securities of the character in which, by the laws of this state, it may invest its funds. En. Stats. 1877-8, 20. Am'd. 1905, 151. Cal. Rep. Cit. 128, 537. §§ 635a, 635b EXECUTIVE OFFICERS. /l42l> § 635a. Investment company defined. Every person, corporation, company, association, copartnership or in- dividual in the State of California now engaged in or that shall hereafter engage in the business of placing or sell- ing bonds, debentures or certificates of investment by whatsoever name said bonds, debentures or certificates of investment may be known or designated, when such busi- ness is conducted on the partial payment or installment payment plan, or in placing or selling any species of bonds, debentures or certificates of investment, on the partial pay- ment or installment plan, wherein or whereby the holder or holders of said bond, debentures or certificates of in- vestment are or may become entitled to claim and re- ceive from such person, corporation, company or associa- tion a return, either at a definite or indefinite time, in cash, or in merchandise, or any property, for the partial payments or installments of money so paid, and wherein or whereby the holder may be subject to a fine or for- feiture as a penalty for nonpayment of said partial pay- ments or installments, is hereby declared to be an invest- ment company under the provisions of this act. En. Stats. 1905, 156. § 635b. Investment companies not licensed by bank or other commissioners; deposit with state treasurer cash or securities. Every corporation, company, association, co- partnership or individual now engaged in, or that shall hereafter engage in business in this state as an investment company as hereinbefore defined and not licensed by nor under the supervision of the bank commissioners, build- ing and loan commissioners or insurance commissioner, that shall place or sell any bond or bonds, debenture or debentures, certificate or certificates of investment on the partial payment plan whereby the holder or holders of such bond, or bonds, debenture or debentures, or certificate or certificates of investment are or rhay become entitled to claim and receive from such corporation, company or association, a return, either at a definite or indefinite time, in cash, or in merchandise, or in property, for the partial payments or installments of money so paid, and wherein or whereby the holder may be subject to a fine, or penalty of forfeiture for nonpayment of said partial payments or installments, is hereby required to deposit within sixty days after the passage of this act, in cases of corporations, persons, companies or associations now I'JSc EXECUTIVE OFFICERS. § «3dO existing aiid doing business, or before commencing busi- ness in cases of persons, corporations, companies or as- sociations not now engaged in business, for the security of the holder or holders of the bonds, debentures or cer- tificates issued bj' it; with the treasurer of the state of California, in cash, or in securities to be approved by said treasurer, the sum of five thousand dollars ($5,000), and in addition thereto shall deposit semi-annually, with the treasurer of the state of California, in cash, or securities to be approved oy said officer, in the manner aforesaid, ten per cent of all premiums received on the sale of such bonds, debentures or certificates, until the sum so depos- ited shall amount to the sum of one hundred thousand dol- lars. En. Stats. 1905, 157. .§ 635c. Articles of incorporation to be filed with secre- tary of state; fees; statement. Every investment com- pany as herein defined now doing business in the state of California shall, within sixty days after the approval of this act, and every investment company hereafter or- ganized to carry on the business of an investment com- pany as hereinbefore defined, shall, prior to engaging in such business, in addition to making such deposit, file with the secretary of state a duly authenticated copy of its articles of incorporation, charter or other instrument authorizing it to do business, and shall pay to the secre- tary of state the fees provided by law to be paid such officer for filing articles of incorporation within this state for a capital stock of like amount, the same to be accom- panied with a statement showing — (a) The name of the corporation, company, association, copartnership or individual; (b) The place where the principal business of the com- pany, corporation, association, copartnership or individual within this state is or is to be carried on; (c) The amount of capital stock of the corporation, asso- ciation or company, and the amount of paid-up capital stock ; (d) The names and residences of the incorporators and its stockholders at the time when said statement is filed, and the name of its officers and date when their terms will expire; (e) The name and address of the officers or representa- tive within the state upon whom process can be served; §§ 633d-63of EXECUTIVE OFFICERS. . liM (f) A statement of the net premiums received from the sale of bonds, debentures or certificates of investment dur- ing the preceding six months; which statement shall re- main a public record in said office. En. Stats. 1905, 157. § 635d. Duty of state treasurer; of attorney-general. The treasurer of the state of California shall whenever such fact is brought to his knowledge notify the attorney- general of the noncompliance of any person, company, cor- poration or association doing business as an investment company as hereinbefore defined in the state of California with the provisions of this act, and the attorney-general shall immediately after receiving such notification com- mence an action against such corporation, company or as- sociation in the name of the people of the state of Califor- nia; (a) To dissolve such corporation, company or association if incorporated or organized under the laws of the' state of California; (b) To enjoin and restrain such person, corporation, company or association from doing business within the state of California, if an individual or if incorporated and organized at any place without this state. En. Stats. 1905, 158. § 635e. Withdrawal of deposit upon ceasing to do busi- ness. Every corporation, company, association, copartner- ship or individual that has made a deposit with the treas- urer of the state of California in conformity with and un- der the provisions of this act, may, upon ceasing to do business within the state, maintain an action against the treasurer of the state of California to withdraw its de- posit. It shall be the duty of the attorney-general to de- fend such action, and if upon judgment being rendered therein it shall be found that said corporation, company or association has no liabilities within the state, the treas- urer of the state of California shall return to said corpo- ration, company, or association, or to its order, the cash or securities deposited by it under the provisions of this act, but all expenses of such suit shall in any event be paid by such corporation, company or association. En. Stats. 1905, 158. § 635f. Right to substitute securities for cash deposit. Every corporation, company, association, copartnership oi' 142e EXECUTIVE OFFICERS. §§ tKSg, 6»5h individual depositing cash or securities with the treasurer of the state of California, in conformity with the provi- sions of this act, shall have the right to substitute securi- ties in equal value for cash deposited, or other securities of like value for those on deposit upon securing the approval of the treasurer of the state of California, to said exchange, and the treasurer is hereby authorized to permit such ex- change of cash for securities, or securities for other securi- ties, or securities for cash deposited by such corporation, company or association if in his judgment such securities are equal in value to the amount of cash provided by law to be deposited. Every corporation, company or associa- tion so making a deposit in compliance with or under the provisions of this act may collect and use any dividend, interest or profits arising on or from any securities de- posited with the treasurer of the state of California, pro- vided such security is not thereby depreciated in value. En. Stats. 1905, 159. § 635g. Amount of money to be loaned out of reserve fund; collateral may be deposited. No corporation, com- pany, association, copartnership or individual doing busi- ness within this state as an investment company as here- inbefore defined shall hereafter lend to holders of bonds, debentures or certificates of investment, out of its reserve fund, any amount greater than the proportionate share of such bond, debenture or certificate of investment in said reserve, and whenever such loain is made it shall be evi- denced by the note of the borrower and secured by a de- posit as collateral security, of the bond, debenture or cer- tificate of investment on which the same is made. Any collateral so taken may be deposited with the treasurer of the state of California as a part of the deposit hereinbe- fore required, and it may be computed as making so much of said required deposit as the proportionate share of such bonds, debentures or certificates of investment so depos- ited as the entire reserve fund amounts to not exceeding however the amount loaned. En. Stats. 1905, 159. § 635h. Reserve fund. Every corporation, company, as- sociation, copartnership or individual doing business with- in this state as an investment company as hereinbefore de- fined shall apportion not less than forty per cent of every partial payment or installment received from the sale of any bond or bonds, debenture or debentures, certificate or §§ 635i, 635j EXECUTIVE OFFICERS. 142? certificates of investment as a reserve fund; said reserve may be invested from time to time within the discretion of the board of directors or governing body of such cor- poration, company, association, copartnership or individual. En. Stats. 1905, 160. § 635i. Duty of attorney-general. The attorney-general of the state of California shall, at any time that he may deem proper, or at any time upon the complaint of any holder of any bond or bonds, debenture or debentures, cer- tificate or certificates of investment by whatever name they be known or designated, make any examination of the affairs of any corporation, company or association doing business within this state as an investment company as herein defined, and inquire into the investments of the re- serve fund of such corporation, company or association and if upon such examination it shall be ascertained that any corporation, company, or association so doing busi- ness has not assets to equal in value the total amount of reserve as in the last section required with interest thereon at three and a half per cent per annum compounded an- nually from the time of the sale of such bonds, debentures or certificates of investment, he shall commence an ac- tion in the name of the people of the state of California to restrain and enjoin said corporation from doing business and unless said reserve is made to equal the amount re- quired before judgment is rendered in said action, judgment shall be rendered restraining and enjoining said corporation, company or association from doing business within this state, and he shall in his discretion institute proceedings against such company, corporation, associa- tion, copartnership or individual to have it declared bank- rupt. En. Stats. 1905, 160. § 635j. Violation of the provisions of tliis act; penalty. Every officer, agent or representative of any corporation, company or association doing business within this state as an investment company as hereinbefore defined, who shall place or sell any bond or bonds, debenture or debentures, or certificate, or certificates of investment of any company that has not complied with 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 one hundred dollars, and not more than five hundred dollars, for each offense, or by imprisonment in the county jail for not less 143 EXECUTIVE OFFICERS. S§ 6iS5k-64ii than thirty days, nor more than six months, or by both such fine and imprisonment. En. Stats. 1905, 160. § 635k. Not to do business until deposit is made. No person, firm, corporation, company, copartnership or indi- vidual shall issue, sell or dispose of any species of bond or bonds, debenture or debentures, certificate or certifi- cates of investment on the partial payment or installment plan whereby the holder or holders of such bond or bonds, debenture or debentures, or certificate or certificates of investment are or may become entitled to claim and re- ceive from such person, firm, company, association or co- partnership a return either at a definite or indefinite time in cash, or in merchandise, or in property, for the payment of installments so paid, and wherein or whereby the holder may be subject to a fine or penalty or forfeiture for non- payment of such partial payments or installments, with- out having complied with the provisions of this act and first made the deposit required by section 2 of this act. En. Stats. 1905, 161 § 6351. Application. All provisions of this act provid- ing for the making of said deposits, the exchange of se- curities and the penalties for selling said bonds, debentures or certificates shall apply to all persons, corporations, as- sociations, firms or copartnerships engaged in the business of investment companies as herein defined. En. Stats. 1905, 161. Cal. Rep. Cit. 128, 537. ARTICLE XVII. nSH COMMISSIOtraRS. § 642. General duties of. § 643. No compensation. § 642. General duties of. It is the duty of the fish com- missioners: 1. To see that the laws for the preservation of fish and game are strictly enforced; and for that purpose they may from time to time employ such assistants as they shall deem necessary, which persons so appointed as assistants shall have all powers and authority of sheriffs to make arrests for violatioji of such laws throughout the state. S 642 EXECUTIVK OFFICERS. 144 2. To establish fish breederies for stocking the waters of this state with foreign and native fish. 3. To purchase and import the spawn or ova of fish suitable for food. 4. To stock with such spawn the waters of this state. 5. To employ persons skilled in fish-breeding to assist them in their duties. 6. To furnish plans for and direct and compel the con- struction and repair of fish ladders and ways upon dams and obstructions. 7. To provide for the distribution and protection of game birds imported into this state for purposes of propa- gation. 8. To report biennially to the governor a statement of all their transactions and disbursements. En. March 12, 1872. Am'd. 1877-8, 21. Fishways in streams frequented by migratory fish, act to provide for construction, etc.: Post, Appendix, title Fish and Game Warden and Commissioners. Act creating office of fish and game warden: See post, Appendix, title Fish and Game Warden and Commission- ers. Act to authorize maintenance of salmon hatchery: See post, Appendix, title Fish and Game Warden and Commis- Bioners. Report of fish commissioners: Ante, sees. 332, 333. Civil executive oflScers, three fish commissioners are: Ante, sec. 343. Appointment and term of oflBce: Ante, sees. 368, 369. Act authorizing disposition of hatchery: See post. Ap- pendix, title Fish and Game Warden and Commisioners. Act authorizing commissioners to import game birds: Bee post, Appendix, title Fish and Game Warden and Com- missioners. § 643. No compensation. The commissioners receive no compensation. En. March 12, 1872. 145 EXECUTIVE OFFICERS. «64 ARTICLE XVIII. BOARD OF EXAMINERS. J 654. Chairman. § 655. Meetings. § 656. Records. § 657. Rules and regulations. § 658. Witnesses. § 659. Depositions. § 660. Claims for which appropriations have been made. § 661. Approval and drawing. § 662. If not approved. § 663. Claims provided for, but for which there is no appropriation. § 664. Same, as to unsettled claims. § 665. Time of meeting for action on claims referred to. § 666. Proof and examination of such claims. § 667. Report on such claims. § 668. Disqualifications. § G69. Treasurer to act in place of disqualified members. § 670. Restrictions on power of board. § 671. Appeals. § 672. Controller not to draw warrant for claims not audited. § 673. Certain claims exempted. § 674. Board may prevent payment of controller's warrants, g 675. Must examine books of controller and treasurer. § 676. Must count money in treasury. § 677. Must make affidavit thereof. § 678. Controller and treasurer must permit examination, etc. § 679. Printing expert. § 680. Conversion of school fund into bonds. § 681. Issuance and sale of bonds, duties of officers. § 682. Conversion of school funds into bonUs. § 683. Purchase of state bonds. § 684. Assistant secretary of state board of examiners. § 685. Clerks for secretary of board. • . § 654. Chairman. The governor, and in his absence the secretary of state, is chairman of the board of examiners. The governor shall appoint a secretary, to hold office dur- ing his pleasure, whose salary as secretary and ex-officio member of the board shall be three thousand dollars per annum, payable as the salaries of other state officers. He is an executive officer attached to the governor's office, and is authorized to administer oaths, and shall perform such duties, other than secretary, as may be assigned to him by the governor, from time to time. En. March 12, 1872. Am'd. 1887, 57; 1891, 71; 1893, 182. Cal. Rep. Cit. 47, 370. Auditing functions of board. — Account of state geologist: Ante, sec. 553; officers of land department: Post, sec. 3410; of board of equalization: Post, sec. 3702. Pol. Code— 10 §§ 655-660 EXECUTIVE OFFICERS. 146 Violating duty: Pen. Code, sec. 441. Board of examiners, acts relating to: See post. Appendix, title Board of Examiners. § 655. ./leetings. The semi-montLly meetings of the board must be held at the state capitol on the first and third Mondays in each month. En. March 12, 1872. § 656. Records. The board must keep a record of all their proceedings, and any member may cause his dissent to the action of the majority upon any matter to be entered upon such record. And all claims must be entered on the minutes of the board before the same shall be acted upon. En. March 12, 1872. Am'd. 1873-4, 67. Cal. Rep. Cit. 72, 9. § 657. Rules and regulations. The board may, in writ- ing, establish rules and regulations not inconsistent with law for its government. En. March 12, 1872. § 658. Witnesses. The chairman may issue subpoenas and 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 wit- ness against a demand pending before them is material, the chairman must cause the attendance of the witness before the board, or a member thereof, to testify concern- ing the demand, and the board may make a reasonable allowance therefor, not exceeding the fees of witnesses in civil cases, which must be paid out of the appropriation for the contingent expenses of the board, but in no in- stance can an allowance be made in favor of a witness who appeared in behalf of the claimant. En. March 12, 1872. Cal. Rep. Cit. 145, 766. Witnesses: See Code Civ. Proc, sees. 1878-1884. Pro- duction of: Id., sees. 1985-1997. Privileges and liabilities: Sees. 2064 et seq. § 659. Depositions. Each member of the board may take depositions, to be used before it. En. March 12, 1872. Depositions: Code Civ. Proc, sees. 2019 et seq. § 660. Claims for which appropriations have been made. Any person having a claim against the state for which an appropriation has been made, may present the same to the 147 EXECUTIVE OFFICERS. §§ 661-6U1 board in the form of an account or petition, and the clerk of the board must date, number, and file such claim, and the board must allow or reject the same in the order of its presentation. The board may for cause postpone action upon a claim for not exceeding one month. En. March 12, 1872. Cal. Rep. Cit. 46, 190; 55, 489; 80, 223; 80, 228; 106, 126; 145, 765. § 661. Approval and drawing. If the board approve such claim they must indorse thereon, over their signa- tures, "Approved for the sum of dollars," and trans- mit the same to the office of the controller of state; and the controller must draw his warrant for the amount so approved in favor of the claimant or his assigns in the order in which the same was approved. En. March 12, 1872. Cal. Rep. Cit. 80, 223; 80, 228; 106, 126; 145, 765. § 662. If not approved. If the board disapprove such claim they must cause the same to be filed with the records of the board, with a statement showing such disapproval, and the reasons therefor. En. March 12, 1872. Cal. Rep. Cit. 139, 404; 145, 762; 145, 763; 145, 765. § 663. Claims provided for, but for which there is no appropriation. If no appropriation has been made for the payment of any claim presented to the board the settle- ment of which is provided for by, law, or if an appropria- tion made has been exhausted, the board must audit the same, and if they approve it, must transmit it to the legis- lature with a statement of their approval. En. March 12, 1872. Cal. Rep. Cit. 46, 190; 64, 92; 123, 111; 145, 765. § 664. Same, as to unsettled claims. Any person hav- ing a claim against the state, the settlement of which is not otherwise provided for by law, must present the same to the board of examiners at least four months before the meeting of the legislature, accompanied by a statement •showing the facts constituting the claim, verified in the same manner as complaints in civil actions. En. March 12, 1872. Cal. Rep. Cit. 145, 765. §§ 665-670 EXECUTIVE OFFICERS. 14S § 665. Time of meeting for action on claims referred to. On the first Monday of September preceding the meeting of each legislature the board must hold a session at the state capitol for the purpose of examining the class of claims referred to in the preceding section, and may ad- journ from time to time until their work is completed. Prior thereto they must cause a list and brief abstract of all claims filed with them to be made and published in bome newspaper at Sacramento City for such time as they may prescribe. The list must be accompaniea by a general notice of the order in which and of the time when the board will proceed to examine the claims. En. March 12, 1872. Cal. Rep. Cit. 145, 765. § 666. Proof and examination of sucii claims. The board must, at the time designated, proceed to examine and adjust all such claims. They may hear evidence in support of or against them, and report to the legislature such facts and recommendations concerning them as they may think proper. In making their recommendations they may state and use any official or personal knowledge which any member of the board may have touching such claims. En. March 12, 1872. Cal. Rep. Cit. 145, 765; 145, 766. § 667. Report on such claims. The board must make up their report and recommendation at least thirty days before the meeting of the legislature. A brief abstract of their report, showing the claims rejected, and those, or the amounts thereof, allowed, must be published in a r awspaper published at Sacramento City for such time as the board may prescribe before the meeting of the leg- islature. En. March 12, 1872. § 668. Disqualifications. No member of the hoard must act upon any claim in which he is interested, or for ex- penditures incurred in his office, nor must he be present when the decision thereon is made. En. March 12, 1872. § 669. Treasurer to act in place of disqualified members. When any member of the board is disqualified from acting upon any claim, the state treasurer must act in his stead. En. March 12, 1872. State treasurer: Ante, sees. 452-459. § 670. Restrictions on power of board. The board must not entertain, for the second time, a demand against the 149 EXECUTIVE OFFICERS. §§ 671-675 State once rejected b: it or by the legislature, unless such facts are presented to the board as in suits between in- dividuals would furnish sufficient ground for granting a new trial. En. , larch 12, 1872. • Cal. Rep. Cit. 145, 770. New trial: See Code Civ. Proc, sees. 656-6631/^. § 671. Appeals. Any person interested, who is ag- grieved by the disapproval of a claim by the board, may appeal from the decision to the legislature of the state, by filing with the board a notice thereof, and upon the receipt of such notice the board must transmit the demand and all the papers accompanying the same, with a state- ment of the evidence taken before it to the legislature. En. March 12, 1872. § 672. Controller not to draw warrant for claims not audited. The controller must not draw his warrant for any claim unless it has been approved by the board, and when, hereafter, the controller is directed to draw his war- rant for any purpose, this direction must be construed as subject to the provisions of this section, unless the direc- tion is accompanied by a special provision exempting it from its operation. En. March 12, 1872. Cal. Rep. Cit. 80, 223; 102, 285; 106, 121; 106, 126; 106, 128; 144, 684. Controller's authority to draw warrants: See ante, sec. 433, subd. 17. Preventing excess of: Post, sec. 674. § 673. Certain claims exempted. Claims upon the con- tingent fund of either house of the legislature, and for official salaries, are exempted from the operations of the provisions of the preceding twelve sections. En. March 12, 1872. Cal. Rep. Cit. 106, 126. § 674. Board may prevent payment of controller's war- rants. Whenever the board has reason to believe that the controller has drawn or is about to draw his warrant with- out authority of law, or for a larger amount than the state actually owes, the board must notify the treasurer of state not to pay the warrant so drawn or to be drawn ; and there- upon the treasurer is prohibited from paying the warrant, 'vhether already drawn or not, until he is otherwise di- rected by the legislature. En. March 12, 1872. 2 675. Must examine books of controller and treasurer. As often as it may deem proper the board must examine §§ 676-679 EXECUTIVE OFFICERS. 150 the books of the controller and treasurer, the accounts and vouchers in their offices, and count the money in the treasury; and for that purpose they may demand, and the controller and treasurer must furnish without delay, all information touching the books, papers, vouchers, or matters pertaining to their offices. En. March 12, 1872. § 676. Must count money in treasury. The counting of the moneys in the state treasury must take place at least once a month, vnthout the board or any member thereof giving the treasurer any previous notice of the day or hour of counting. The board may, at any counting, place any sum in bags or boxes, and weigh each bag or box sepa- rately, and mark the same with the weight thereon plainly specified, and place thereon a seal, to be kept by them, and may at subsequent countings count or reweigh each bag or box separately, and estimate the contents of such bags or boxes a.^ part of the money counted by them, without making a detailed count of its contents. En. March 12, 1872. § 677. Must make affidavit thereof. They must, at least once in each month, make and file in the office of the secretary of state, and publish in some newspaper in Sac- ramento City, an affidavit showing: 1. The amount of money that ought to be in the state treasury. 2. The amount and kind of money actually therein. En. March 12, 1872. § 678. Controller and treasurer must permit examina- tion, etc. The controller and treasurer must permit the board of examiners to examine the books and papers in their respective offices; and the treasurer must permit the moneys in the treasury, v«athout delay on 'any pre- tense whatever, to be counted whenever the board may wish to make an examination or counting. En. March 12, 1872. § 679. Printing expert. The board must appoint a printing export, who must examine and report to the board all accounts for printing presented by the state printer or any other person, speciifying whether the work has been executed in a workmanlike manner or not, and the amount for which the same should be allowed. The report is not 151 EXECUTIVE OFFICERS. §§ 680, 681 conclusive on the board, but is in aid of the discharge of their duties. The expert must receive a salary of fifty dollars a month, payable on the last day of each month. En. March 12, 1872. State printer, now superintendent of state printing: Ante, sees. 526 et seq. § 680. Conversion of school fund into bonds. When- ever and as often as there is in the state treasury the sum of ten thousand dollars as the proceeds of the sale of state school lands, the board must invest the same in the civil funded bonds of this state, or in the bonds of the United States, or in the bonds of the several counties, city and county, cities or towns or school districts of this state; the investments to be made in such manner and on such terms as the board shall deem best for the fund; pro- vided, that no bonds of any county, city and county, city or town or school districts, shall be purchased of which the debt, debts, or liabilities at the time exceed fifteen per cent of the assessed value of the taxable propertj' of such county, city and county, city, or town or school district. En. March 12, 1872. Am'd. 1883, 25; 1903, 42. State school lands: Post. sees. 3494-3503. State bonds, act providing for issuance of, preserved: Ante, sec. 19, subd. 3. § 681. Issuance and sale of bonds, duties of officers. Whenever the board of supervisors, trustees, common council, or other governing board or body of any county, city and county, city or town, or school district of this state shall vote bonds for any purpose, or shall refund any bonds already issued, and said bonds are ready to be sold, the clerk of such board, trustees, common council, or other governing board or body shall forthwith, by mail, postage prepaid, notify the state boai'd of examiners and state treasurer, at the capitol, of such issuance anc. sale of bonds, and shall give the name by which the bonds are known, the amount of the issuance, the denomination of each bond, the rate of interest, and length of time bonds are to run. No certified check, bond, or other assurance in law shall be required from the state upon its application to purchase bonds. En. March 12, 1872. Rep. 1883, 26. En. Stats. 1903, 406. §§ 682-685 EXECUTIVE OFFICERS. 182 § 682. Conversion of school funds into bonds. All bonds purchased by the board under the provisions of section six hundred and eighty must be delivered to the state treas- urer, who shall keep them as a special school fund de- posit, the interest upon such bonds to be placed by him to the credit of the state school fund. En. March 12, 1872. Am'd. 1883, 26. Cal. Rep. Cit. 106, 128. School funds and taxes, general provisions relating- to: Post, sees. 1857-1861. § 683. Purchase of state bonds. At any sale of civil bonds by the state treasurer the board may become bid- ders, and purchase bonds with the funds at their disposal, and the appropriate transfer of funds must be made by the controller and treasurer on the books of their offices. En. March 12, 1872. § 684. Assistant secretary of state board of examiners. The governor may appoint an assistant to the secretary of the state board of examiners, at an annual salary of twenty-four hundred dollars, payable in the same manner as the salaries of other state officers. Said assistant is ii civil executive officer. En. March 12, 1872. Rep. 1880, 2. En. Stats. 1891, 194. Am'd. 1905, 7. Cal. Rep. Cit. 51, 550. § 685. Clerks for secretary of board. The board may appoint four clerks for the secretary of said board, who shall be civil executive officers, at an annual salary of six- teen hundred dollars each, payable in the same manner as the salaries of other state officers. En. March 12, 1872. Rep. 1880, 88. En. Stats. 1893, 182. Am'd. 1901, 807; 1905, 7. Cal. Rep. Cit. 47, 370. ARTICLE XIX. POWERS AND DUTIES OF OTHER EXECUTIVE OFFICERS § 695. Vaccine agent. 5 696. CommlsRioner of Immigration. I 697. State capitol commissioners. I 698. Tide land commmlssioners. (Repealed.) § 699. Port wardens. 5 700. Harbor commissioners. f 701. Pilots. 5 702. Sun Francisco marine board. (Repealed.) 153 EXECUTIVE OFFICERS. §§ 695-701 § 703. Pilot commissioners. I 704. Boards of health. 705. Board of agriculture. 706. Board of equalization. 707. Reg-ents of university. 708. State board of education. g 709. Trustees of normal school. § 710. Officers of libraries. § 711. Directors of state prisons. g 712. Officers of insane asylum. § 713. Trustees of asylum for deaf, dumb, and blind. § 714. Trustees of state burying-grounds. § 715. Tosemite and big tree commissioners. i 695. Vaccine agent. The powers and duties of the vaccine agent are prescribed in title VII, of part III, of this code. En. March 12, 1872. Vaccine agent: Post, sees. 2993, 2994. § 696. Commissioner of immigration. Those of the com- missioner of immigration are prescribed in title VII, part III, of this code. En. March 12, 1872. Commissioner of immigration: Post, sees. 2949-2969. • § 697. State capitol commissioners. Those of the state capitol commissioners are prescribed by "An act to pro- vide for the construction of the state capitol in the city of Sacramento," approved March twenty-ninth, eighteen hundred and sixty, and the acts amendatory thereof, which are hereby continued in force. En. March 12, 1872. State capitol commissioners are executive officers: Ante, sec. 343. Board, how composed: Ante, sec. 366. Secretary of state is superintendent of state capitol: Ante, sec. 412. § 698. Tide land commissioners. (Repealed.) En. March 12, 1872. Rep. 1875-6, 15. § 699. Port wardens. Those of port wardens are pre- scribed in title VI, of part III, of this code. En. March 12, 1872. Port wardens: See post, sees. 2501-2511. § 700. Harbor commissioners. Those of harbor com- missioners are prescribed in title VI, of part III, of this code. En. March 12, 1872. Harbor commissioners: See post, sees. 2520-2572. § 701. Pilots. Those of pilots are prescribed in title VI, of part III, of this code. En. March 12. 1872. Pilots: See post, sees. 2429-2491. 6 §§ 702-710 EXECUTIVE OFFICERS. 164 § 702. San Francisco marine board. (Repealed.) En. March 12, 1872. Rep. 1875-6, 14. § 703. Pilot commissioners. Those of pilot commis- sioners are prescribed in title VI, of part III, of this code. En. March 12, 1872. Pilot commissioners: See post, sees. 2429-2491. § 704. Boards of liealtli. Those of the board of health are prescribed in title VII, of part III, of this code. En. March 12, 1872. Board of health: See post, sees. 2978-3084. § 705. Board of agriculture. Those of the board of ag- riculture are prescribed in the special statute creating the board. En. March 12, 1872. Board of agriculture: See post, sec. 2326. § 706. Board of equalization. Those of the board of equalization are prescribed in title IX, of part III, of this code. En. March 12, 1872. Board of equalization: See post, sees. 3672-3705. § 707. Regents of university. Those of the regents of the University of California, in chapter I, of title III, of part III. En. March 12, 1872. Regents of university: See post, sees. 1425-1451. § 708. State board of education. Those of the state board of education are prescribed in chapter III, of title III, of part III, of this code. En. March 12, 1872. Stale board of education: See post, sees. 1517-1522. !j 709. Trustees of normal scliool. Those of the trus- tees of the state normal school are prescril)ed in chapter II, of title III, of part III, of this code. En. March 12, 1872. State normal school: Post, sees. 1487-1507. See post, Appendix, title Normal Schools. § 710. Officers of libraries. Those of the trustees of the state library, state librarian, and librarian of the su- preme court library, are prescribed in chapter III, of title V, of part III, of this code. En. March 12, 1872. Library trustees and librarians: See post, sees. 2292- 2316. 155 EXECUTIVE OFFICERS. . §§ 711-71d § 711. Directors of state prison. Those of the directors of the state prison are prescribed in part III of the Penal Code. En. March 12, 1872. State prison directors: Pen. Code, sees. 1573-1595; but see act of 1889, p. 404, superseding act in Stats. 1880, p. 67, pursuant to Const. Cal., art. X, and amended by Stats. 1881, p. 79. § 712. Officers of insane asylum. Those of the direc- tors and other officers of the insane asylum are prescribed in chapter I, of title V, of part III, of this code. En. March 12, 1872. Officers of insane asylum: See post, sees. 2136-2200. Acts relating to state prison: See Pen. Code, Appendix, title State Prisons. § 713. Trustees of asylum for deaf, dumb, and blind. Those of the trustees of the asylum for the deaf, dumb, and blind, are prescribed in chapter II, of title V, of part III, of this code. En. March 12, 1872. Trustees of asylum for deaf, dumb, and blind: See post, sees. 2237-2282. § 714. Trustees of state burying-grounds. Those of the trustees of the state burying-grounds are prescribed in title VIII, of part III, of this code. En. March 12, 1872. Trustees of state burying-grounds: See post, sec. 3597. § 715. Yosemite and big tree commissioners. Those of the commissioners of the Yosemite Valley and the Mari- posa big tree grove are prescribed in title VIII of part III, of this code. En. March 12, 1872. Yosemite and big tree commissioners: See post, sees. 3584-3586. §§ 726-737 JUDICIAL OFFICERS— SALARIES. CHAPTER IV. JUDICIAL OFFICERS. § 726. Number, designation, and mode of election. § 726. Number, designation, and mode of election. The number, designation, and mode of election of judicial of- ficers are fixed in title I, part I, of the Code of Civil Pro- cedure. En. March 12, 1872. Designation of judicial officers: See Code Civ. Proc, see. 33. Judicial officers, election, etc.: See Code Civ. Proc, sees. 40-42, 65-70, 110, 156-159. Judicial department: Const. Cal., art. VI. Functions in- dependent: See Const. Cal., art. III. Jurisdiction of courts: See Code Civ. Froc, sees. 33 et seq. CHAPTER V. SALARIES OF JUSTICES OP THE SUPREME COURT AND SUPE- RIOR JUDGES, AND OFFICERS CONNECTED WITH THE SUPREME COURT. § 736. Justices of supreme court and district courts of appeal, salaries of. § 737. Supreme judges, salaries of. § 738. Same. § 739. Supreme court and district court of appeal, officers of, and sal- aries. § 736. Justices of supreme court and district courts of appeal, salaries of. The annual salary of each justice of the supreme court is eight thousand dollars; and the annual salary of each justice of the several district courts of ap- peal is se/en thousand dollars. En. March 12, 1872. Am'd. 1905, 224. § 737. Superior judges, salaries of. The annual salaries of the judges of the superior courts of the city and county of San Francisco are six thousand dollars, of the counties of Alameda and I^os Angeles five thousand dollars, San Joaquin, Santa Clara, Santa Cruz, San Mateo, Yuba, Sutter, Sacramento, Butte, Nevada, Sonoma, Colusa, Monterey, San Luis Obispo, Shasta, Siskiyou, Santa Barbara, San Diego, Marin, Mendocino, Tehama, San Bernardino, Kern, 157 SALARIES. S§ 738, 739 Placer, Humboldt, Tulare, Fresno, Solano, Yolo, Contra Costa, Kings, Amador, Calaveras, Stanislaus, El Dorado, Merced, Madera, Tuolumne, Napa, and San Benito, four thousand dollars, of the county of Orange three thousand five hundred dollars, and of the county of Alpine two thou- sand dollai^; one-half of which shall be paid by the state and the oUier half thereof by the county of which the judge is elected or appointed. En. March 12, 1872. Am'd. 1905, 75. Constitution, art. VI, sec. 24, provides that no judge shall draw salary until he has made affidavit that no cause remains undecided for ninety days. § 738. Same. The annual salaries of the judges of the other superior courts are three thousand dollars each, one- half thereof payable by the state, and the other half there- of payable by the county for which the judge is elected. En. March 12, 1872. Am'd. 1880, 88. § 739. Supreme court and district courts of appeal, offi- cers of, and salaries. The annual salaries of the officers connected with the supreme court are as follows: The re- porter of the decisions of the supreme court and of the district courts of appeal, twenty-five hundred dollars; the assistant reporters of the decisions of the supreme court and of the district courts of appeal, not exceeding three in number, one at twenty-four hundred dollars and two at twelve hundred dollars each; one phonographic reporter, three thousand dollars, and one phonographic reporter, twenty-four hundred dollars; two secretaries of the court, each, twenty-four hundred dollars; each bailiff, fifteen hun- dred dollars; the librarian, fifteen hundred dollars. En. March 12, 1872. Am'd. 1880, 88; 1887, 221; 1897, 205; 1901 115; 1905, 165. Cal. Rep. Cit. 57, 652. Phonographic reporter: Post, sees. 769, 770. Secretary and bailiff, appointment: See Code Civ. Proc, sees. 265, 266. §§ 740-751 MINISTERIAL AND OTHER OFFICERS. 158 chapte:i VI. MINISTERIAL AND OTHER OFFICERS CONNECTED WITH THK COURTS. Article I. Clerk of the Supreme Court, §§ 749-758. II. Reporters of the Supreme Court, §§ 767-782. • III. Notaries Public, §§ 791-801. IV. Commissioners of Deeds, §§ 811-817. V. Other Officers, §§ S27-S31. ARTICLE I. CLERK OF THE SUPREME COURT. § 749. Election and term of office. § 750. General duties. § 751. May appoint deputies. § TolVa. .Stenographer, appointment and salary of. § 752. Fees. § 753. Disposition of fees. § 75i. Settlements, \yhen and how made. § 755. Salary of clerk. § 756. Salary of deputies § 7.57. Official bond. § 758. District courts of appeal, officers of and salaries. § 749. Election and term of office. The clerk of the supreme court is elected at the same time the governor is elected, and holds his otnce for the term of four years from and after the first Monday in December next succeed- ing his election. En. March 12, 1872. Clerk ol supreme court, legislature to provide for elec- tion, etc.: See Const. Cal., art. VI, sec. 14. Vacancy in office, how filled: Post, sec. 1001. § 750. General duties. The clerk of the supreme court must perform such duties as are prescribed in the Penal Code and Code of Civil Procedure, and such duties as may be required of him by the rules and practice of the court. En. March 12, 1872. Duties, to be fixed by legislature: Const. Cal., art. VI, Fee. 14. § 751. iVIay appoint deputies. There shall be appointed by the clerk of the supreme court five deputy clerks of the supreme court; and there shall likewise be appointed, in addition thereto, a chief deputy clerk of said supreme court, who shall act as clerk of the supreme court in the absence of said clerk. The chief deputy clerk and deputy clerks of the supreme court shall be civil executive ofla- 169 MINISTERIAL, AND OTHER OFFICERS. §§ 751%-751 cers. En. March 12, 1872. Am'd. 1875-6, 23; 1877-8, 22; 1880, 5; 1881, 48; 1891, 508; 1899, 142. Salaries of deputies: Post, sec. 756. § 751^. Stenographer, appointment and salary of. The clerk of the supreme court is hereby authorized to employ a stenographer, whose salary shall be one thousand ($1,000.00) Collars annually and be payable at the same time and in the same manner as other state officers are paid. En. S^ats. 1903, 186. § 752. Fees. He must collect in advance the following fees: For filing the transcript on appeal, in each civil case appealed to the supreme court, ten dollars, in full of all services rendered in each case up to the rendering of the judgment or the issuing of the remittitvir, when no petition for a rehearing has been filed; for filing a petition for a rehearing, and for all services to the issuing of remittitur to the court below, two dollars and fifty cents; for filing motion to dismiss appeal on clerk's certificate, two dollars and fifty cents; for filing petitions for writs of mandate, review, prohibition, and other original proceeding, seven dollars and fifty cents, in full for all services rendered in each case; for filing order extending time to file transcript, fifty cents; for certificate of admission as attorney and counselor, ten dollars; for filing each paper in writs of error to the supreme court of the United States, twenty- five cents; for making record in writs of error to the supreme court of the United States, and for copies of any record or document in his office, per folio, ten cents; but this fee shall not be taxed against parties to suit for any paper or copy of paper up to and including remittitur; for comparing any document requiring any document requiring a certificate, per folio, five cents; for each certificate under seal, one dollar. En. March 12, 1872. Am'd. 1877-8, 23; 1895, 29. Cal. Rep. Cit. 143, 172. § 753. Disposition of fees. All fees collected by him must be paid into the state treasury, eighty per cent thereof to the credit of the general fund, and twenty per cent thereof to the credit of the supreme court library fund. En. March 12, 1872. Am'd. 1877-8, 23. § 754. Settlements, when and how made. He is re- sponsible and must account for, and in his settlement with §§ 755-757 MINISTERIAL. AND OTHER OFFICERS. W) the controller must be charged, with the full amount of all fees collected or chargeable, and accruing in causes brought into the court, for services rendered therein up to the time of each settlement, and must, at the end of every month, pay the same into the state treasury. He must also, at the end of every month, render to the controller of state, in such form as that officer prescribes, an account in detail, under his own oath, of all fees chargeable and accruing in causes brought into court and not included in his previous accounts rendered. His salary must not be allowed or paid until all fees so accruing, and for which he is chargeable, have been accounted for and paid over. En. March 12, 1872. Am'd. 1877-8, 23. § 755. Salary of clerk. The annual salary of the clerk of the supreme court is three thousand dollars. En. March 12, 1872. Am'd. 1880, 88. Cal. Rep. Cit. 67, 627. Salary of clerk, withheld until fees settled for: Ante, sec. 754. § 756. Salary of deputies. The annual salary of the chief deputy clerk of the supreme court shall be twenty- four hundred dollars; the annual salary of each of the deputy clerks of the supreme court shall be eighteen hun- dred dollars. The salaries of the chief deputy clerk and the deputy clerks of the supreme court shall be paid out of the state treasury in the same manner and at the same time as the salaries of other state officers are paid. En. March 12, 1872. Am'd. 1875-6, 23; 1877-8, 24; 1899, 142. § 757. Official bond. The clerk of the supreme court must execute an official bond in the sum of ten thousand dollars. En. March 12, 1872. Official bond: See post, sees. 947-987. § 758. District courts of appeal, officers of and salaries. Each of the three district courts of appeal may employ and appoint the following officers of their respective courts, and whose salaries shall be as follows: One clerk, at twen- ty-four hundred dollars per annum; one deputy clerk at eighteen hundred dollars per annum; one stenographer, who shall be a deputy clerk, at eighteen hundred dollars per annum; and one bailiff at twelve hundred dollars per annum. En. Stats. 1905, 170. 161 MINISTERIAL AND OTHER OFFICERS. §5 767-770 ARTICLE' II. REPORTERS OF THE SUPREME COURT. § 767. Supremo court and district courts of appeal, appointment of re- porter of decisions of, and assistants. § 768. Affidavit to be made b.v appointee. (Repealed.) § 769. Plionograplaic reporters, appointment and terms of office. § 770. Duties of phonographic reporter. § 771. General duties of reporter of decisions. § 772. Same. § 773. Reports, made in what manner and form. § 774. Juf-tices must supervise publication. § 775. Proof sheets. § 776. Original papers. § 777. Style of reports. § 778. Publication by contract. § 770. Advertisement and award. § 7S0. Contract, what to require. § 781. Purchase of volumes for use of state. § 782. Publication by state printer. § 767. Supreme court and dfstrict courts of appeal, ap- pointment of reporter of decisions of, and assistants. The reporter of the decisions of the supreme court and of the district courts of appeal, and not more than three assistant reporters thereof, shall each be appointed by the supreme court, and shall each hold office and be removable at the pleasure of the supreme court. En. March 12, 1872. Am'd. Stats. 1877-8, 389; 1905, 220. Superseded by section 21, article VI, of the constitution. Appointment by reporter. — Deputy may be appointed by reporter: Stats. 1881, p. 9. Salary of reporter: Ante, sec. 739. Publication of opinions of supreme court, fundamental provision for: Const. Cal., art. VI, sec. 16. Decisions of supreme court, requisites and scope: See Code Civ. Proc, sees. 49, 53. To be in writing: Const. Cal., art. VI, sec. 2. § 768. Affidavit to be made by appointee. (Repealed.) En. March 12, 1872. Am'd. Stats. 1877-8, 389. § 769. Phonographic reporters, appointment and terms of office. The supreme court may also, in like manner, appoint two phonographic reporters for the court, to hold office at its pleasure. En. March 12, 1872. Am'd. 1897, 209. § 770. Duties of phonographic reporter. It is the duty of the phonographic reporter to attend upon the court during its sessions, and to: Pol. Code— 11 §§ 771-777 MINISTERIAL, AND OTHER OFFICERS. IC? 1. Note the points made by counsel in oral arguments; 2. To take down all opinions of the court delivered orally; 3. Write out his notes in longhand upon the order of the court, and deliver such writing to the reporter of the de- cisions of the court; 4. Perform such other duties as may be imposed upon him by the court or a justice thereof. En. March 12, 1872 § 771. General duties of reporter of decisions. The reporter of the decisions of the supreme court must pre- pare a report of such cases decided as he may by the court be directed to report. En. March 12, 1872. § 772. Same. He must, from the notes delivered to him by the phonographic reporter, prepare a report on each of the cases included therein, and after preparing such report, must submit it to the court for correction and approval. En. March 12, 1872. § 773. Reports, made in what manner and form. Each report must be made in manner and form as the court may direct. En. March 12, 1872. § 774. Justices must supervise publication. The reports must be published under the supervision of the court, and to that end each of the justices must be furnished by the reporter with proof sheets of each volume thirty days be- fore its final publication. En. March 12, 1872. § 775. Proof sheets. Within thirty days after such proof sheets are furnished, the justices may return them to the reporter, with corrections or alterations, and he must make the corrections or alterations accordingly, En. March 12, 1872. § 776. Original papers. The reporter may take the original opinions and papers in each case from the clerk's office and retain them in his possession not exceeding sixty days. En. March 12, 1872. § 777. Style of reports. The reports must be published in well-bound volumes, and must be printed on good book paper, in small pica leaded, and brevier, equal in quality of paper and binding to volumes thirty-three to thirty-nine, inclusive, of California Reports. En. March 12, 1872. Am'd. 1873-4, 12; 1873-4, 68. 163 MINISTERIAL, AND OTHER OFFICERS. §§ 778-781 § 778. Publication by contract. The reporter shall have no pecuniary interest in the volumes of reports, but they must be published under the supervision of the court and reporter, by contract, to be entered into by the re- porter, secretary of state, and attorney-general, with the person or persons who shall agree to publish and sell the said reports, for a pei'iod of ten years, on the terms most advantageous to the state and public, and at a rate not to exceed four dollars per volume of seven hundred pages. En. March 12, 1872. Am'd. 1873-4, 68. § 779. Advertisement and award. Before entering into said contract, it shall be the duty of the secretary of state to advertise for proposals for the publication of said re- ports for thirty days, in one daily paper in Sacramento, and one daily paper in San Francisco. It shall be the duty of said reporter, secretary of state, and attorney-general, to consider all proposals for the publication of said reports which may be made to them, and to award the contract to the person or persons who may agree to publish and sell the same on the terms most advantageous to the state and public. En. March 12, 1872. Rep. 1873-4, 69. En. 1873-4, 69. § 780. Contract, what to require. The contract must require the publisher to print and publish each volume in the style required by section seven hundred and seventy- seven, within sixty days from the time at which the manu- script is delivered by the reporter, to sell three hundred copies to the state at the price fixed in the contract, and to keep on hand and for sale, at the price stipulated in the contract, a sufficient number of copies of each volume to supply all demands for six years from the publication thereof, and to give bonds for the fulfillment of the terms of the contract in the sum of ten thousand dollars. En. March 12, 1872. Rep. 1873-4, 69. En. Stats. 1873-4, 69. § 781. Purchase of volumes for use of state. On the publication of each volume of reports, the secretary of state must purchase, for the use of the state, three hundred copies of said volume, at the price named in the contract, not exceeding four dollars per volume, and after having distributed the same, as required by section four hundred and ten, shall deposit the surplus copies, if any there be. §§ 7S2, 791 MINISTERIAL AND OTHER OFFICERS. 164 in the state library. En. March 12, 1872. Am'd. 1873-4, 13; 1873-4, 70. § 782. Publication by state printer. If, after advertis- ing as required by section seven hundred and seventy-nine, no proposals are received by the secretary of state, agree- ing to print, publish, and sell said volumes at a price not exceeding four dollars per volume, then the state printer must print and bind twelve hundred copies of each volume, and deliver to the secretary of state all the copies printed by him; and the secretary of state must keep the copies of the edition not distributed under the provisions of section four hundred and ten on sale at four dollars per volume, at retail, and at such wholesale price as may be fixed by the governor, controller and secretary of state, and must, at the end of each month, pay into the state treasury the proceeds of all sales made by him. This act shall not apply to any volume of reports, the printing of which may have been commenced by the state printer at the time the contract herein provided for is made. En. Stats. 1873-4, 70. ARTICLE III. NOTARIES PUBLIC. § Tni. Nuinbor of notaries. § 7i)2. QuaUfications and residence. § 79.'5. Terms of office. I 794. General duties of. § 795. Protests, evidence of facts stated. § 7!-6. Records of, on death or resignation. § 797. Certified copies of records of a predecessor § 798. Fees. § 799. Official bond. I 800. Notaries public, time to qualify. § 801. I..iabilities on official bond. § 791. Number of notaries. The governor may appoint and commission such number of notaries public for the several counties and cities and counties of this state as he shall deem necessary for the public convenience, except that in cities and counties of the first class the number shall not exceed eighty. En. March 12, 1872. Am'd. 1873- 4, 13; 1877-8, 24; 1880, 59; 1887, 79; 1889, 377; 1893. 289; 1901, 793; 1903, 244; 1905, 199. Additional notary public for San Francisco, at Preside: See post, Appendix, title Notaries. t£i MINISTERIAL AND OTHER OFFICERS. §§ 792-794 § 792. Qualifications and residence. Every person ap- pointed as notary public must, at the time of appointment, be a citizen of the United States and of this state, and twenty-one years of age; must have resided in the county for which the appointment is made for six months. Wo- men having these qualifications may be appointed. En. March 12, 1872. Am'd. 1891, 29. Elector: Post, sec. 1083. Residence: Ante, sec. 52. § 793. Terms of office. The term of office of a notary public is four [4] years from and after the date of his commission. En. March 12, 1872. Rep. 1889, 378. En. Stats. 1899, 11. Vacancies, and the modes of supplying them: Post, sees. 996-1004. Power of successor: Post, sees. 796, 797. § 794. General duties of. It is the duty of notaries public: 1. When requested, to demand acceptance and payment of foreign, domestic, and inland bills of exchange, or promissory notes, and protest the same for nonacceptance and nonpayment, and to exercise such other powers and duties as by the \a\: of nations and according to com- mercial usages, or b"' the laws of any other state, govern- ment, or country, may be performed by notaries; 2. To take the acknowledgment or proof of powers of attorney, mortgages, deeds, grants, transfers, and other instruments of writing executed by any person, and to give a certificate of such proof or acknowledgment, indorsed on or attached to the instrument; 3. To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board in this state; 4. To keep a record of all official acts done by them; 5. To keep a record of the parties to, date, and character of every instrument acknowledged or proved before them; 6. When requested, and upon payment of their fees therefor, to make and give a certified copy of any record in their office; 7. To provide and keep official seals, upon which must be engraved the arms of this state, the words "notary § 795 MINISTERIAL AND OTHER OFFICERS. 16S public," and the name of the county for which they are commissioned; 8. To authenticate with their official seals all official acts. En. March 12, 1872. Cal. Rep. Cit. 89, 118. Snbd. 1. Demand for acceptance or payment, protest as evidence of: Post, sec. 795. Presentment for acceptance: Civ. Code, sees. 3185-3189. Presentment for payment: Sees. 3.211-3214, 3248. Excuse of presentment and notice: Sees. 3218-3220. Protest, of foreign bills: Civ. Code, sees. 3225-3238. Waiver of: Civ. Code, sec. 3160. As evidence: Post, sec. 795. Notice of protest, how given: Civ. Code, sec. 3231; see notice of dishonor: Civ. Code, sees. 3141-3151. Fee for: Post, sec. 798. Subd. 2. Acknowledgments, of instruments, generally: Civ. Code, sees. 1180-1207. Notary's authority to take: Civ. Code, sees. 1181-1183. Subd. 3. Depositions: See Code Civ. Proc, sees. 2019- 2021. Manner of taking in this state: See Code Civ. Proc, sees. 2031-2038. Affid.avits: See Code Civ. Proc, sees. 2009-2015. Oaths and affirmations, administration of, generally: Code Civ. Proc, sees. 2093-2097. By notary, authorized: Code Civ. Proc, sec. 2093. § 795. Protests, evidence of facts stated. The protest of a notary, under his hand and official seal, of a bill of exchange, 'or promissory note, for nonacceptance or non- payment, stating the presentment for acceptance or pay- ment, and the nonacceptance or nonpayment thereof, the service of notice on any or all of the parties to such bill of exchange or promissory note, and specifying the mode of giving such notice, and the reputed place of residence of the party to such bill of exchange or promis- sory note, and of the party to ./hom the same was given, ar.d the postoffice nearest thereto, is prima facie evidence of tlie facts contained therein. En. March 12, 1872. Am'd. 1873-4, 13. Cal. Rep. Cit. 57, 329; 57, 330; 62, 261; 63, 368; 64, 460. Official seal: Ante, sec. 794, subds. 7, 8. Prima facie evidence, entry by officer is: See Code Civ. 167 MINISTERIAL AND OTHER OFFICERS. §§ 796-799 Proc, sees. 1920, 1926. Generally: See Code Civ. Proc, sec. 1833. § 796. Records of, on death or resignation. If any notary die, resign, is disqualified, removed from office, or removes from the county for which he is appointed, his records and all his public papers must, within thirty days, be delivered to the clerk of the county, who must deliver them to the notary's successor, when qualified. En. March 12, 1872. Resignations, vacancies, and the mode of supplying them: Post, sees. 995-1004. § 797. Certified copies of records of a predecessor. Every notary having in his possession the records and papers of his predecessor in office may grant certificates or give certified copies of such records and papers, in like manner and with the same effect as such predecessor could have done. En. March 12, 1872. Certificates and certified copies, of records and papers: See ante, sees. 794, 795. § 798. Fees. The fees of notaries are as follows: For drawing and copying every protest for the non- payment of a promissory note, or for the nonpayment or nonacceptance of a bill of exchange, draft, or cheek, two dollars. For drawing and serving every notice of nonpayment of a promissory note, or of the nonpayment or nonaccept- ance of a bill of exchange, order, draft, or cheek, one dollar. For recording every protest, one dollar. For drawing an affidavit, deposition, or other paper for which provision is not herein made, for each folio, thirty cents. For taking an acknowledgment or proof of a deed or other instrument, to include the seal and the writing of the certificate, for the first two signatures, one dollar each, and for each additional signature, fifty cents. For administering an oath or affirmation, fifty cents. For every certificate, to include writing the same, and the seal, one dollar. En. March 12, 1872. Am'd. 1873-4, 71. § 799. Official bond. Each notary must execute an of- ficial bond in the sum of five thousand dollars, which §§ SOO-812 MINISTERIAL AND OTHER OFFICERS. 168 bond must be approved by the judge of the superior court of his county, and filed and recorded as other official bonds of county officers. En. March 12, 1872. Am'd. 1880, 19. Notary's official bond, liability on: Post, sec. 801. Bonds of officers, generally: Post, sees. 947-986. § 800. Notaries public, time to qualify. Each notary must file his official bond, and take, subscribe, and file his oath of office in the office of the county clerk within twenty days from the date of his commission, and must transmit a certificate of the facts, under the hand and seal of the county clerk, together with a copy of his official oath, signed by him with his own proper signature, to the office of the secretary of state, to be filed therein within thirty days from the date of his commission. En. March 12, 1872. Am'd. 1877-8, 24; 1903, 191. Official oath, generally: Post, sees. 904-910. § 801. Liabilities on official bond. For the official mis- conduct or neglect of a notary public, he and the sureties on his official bond are liable to the parties injured thereby for all the damages sustained. En. March 12, 1872. Cal. Rep. Cit. 68, 459; 75, 184; 89, 118; 131, 506. ARTICLE IV. COMMISSIONER OF DEEDS. § 811. Govprnor to appoint. § 812. General powers of. § 813. Effect of acts done by commissioners. § 811. Oath, when to be filed. § 815. Fees. § 816. List of commissioners to be published. § 817. Copy of this article to be transmitted to appointee. § 811. Governor to appoint. The governor may appoint in each state of the United States, or in any foreign state, one or more commissioners of deeds, to hold office for the term of four years from and after the date of their commissioner. En. March 12, 1872. Cal. Rep. Cit. 81, 125. § 812. General powers of. Every commissioner of deeds has power, within the state for which he is appointed: 1. To administer and certify oaths; 2. To take and certify depositions and affidavits; 3. To take and certify the acknowledgment or proof of 165 MINISTERIAL, AND OTHER OFFICERS. §§ 813-827 powers of attorney, mortgages, transfers, grants, deeds, or other instruments for record; 4. To provide and keep an official seal, upon which must be engraved the arms of this state, the words "Commis- sioner of deeds for the state of California," and the name of the state for which he is commissioned; 5. To authenticate with his official seal all his official acts. En. March 12, 1872. Acknowledgments, out of state: See Civ. Code, sec. 1182. § 813. Effect of acts done by commissioners. All oaths administered, depositions and affidavits taken, and all ac- knowledgments and proofs certified by commissioners of deeds, have the same force and effect, to all intents and purposes, as if done and certified in this state by any officer authorized by law to perform such acts. En. March 12, 1872. § 814. Oath, when to be filed. The official oaths of com- missioners of deeds must be filed in the office of the secretary of state within six months after they are taken. ^H. March 12, 1872. § 815. Fees. The fees of commissioners of deeds are the same as those prescribed for notaries public. En. March 12, 1872. § 816. List of commissioners to be published. The names of all persons appointed commissioners must be published three times in some weekly newspaper, pub- lished at the seat of government of the state. En. March 12, 1872. § 817. Copy of this article to be transmitted to appoin- tee. The secretary of state must transmit, with the com- mission to the appointee, a certified copy of this article, and of section 798. En. March 12, 1872. ARTICLE V. OTHER OFFICERS. § 827. Court commissioners. § S28. Secretary and bailiff of the supreme court. § 829. Plionographic reporters. § 830. Clerlis, sheriffs, coroners, and other county officers, etc. § 831. Attorneys an'd counselors at law. § 827. Court commissioners. The mode of appointment, powers, and duties of court commissioners are fixed by §§ 828-831 GENERAL, PROVISIONS. JW chapter II, title III, part I, of the Code of Civil Procedure. En. March 12, 1872. Court commissioners: Code Civ. Proc, sees. 258, 259. § 828. Secretary and bailiff of the supreme court. The mode of appointment, powers, and duties of the secretary and bailiff of the supreme court are fixed hf chapter II, title IV, part I, of the Code of Civil Procedure. En. March 12, 1872. Secretaries and bailiffs of supreme court: Code, Civ. Proc, sees. 265, 266. Salaries: Ante, sec. 739, of this code. § 829. Phonographic reporters. The mode of appoint- ment, powers, and duties of phonographic reporters are fixed by chapter III, title IV, part I, of the Code of Civil Procedure, and sections 769 and 770 of this code. En. March 12, 1872. Phonographic reporters: Code Civ. Proc, sees. 268-274; Of supreme court, salary: Ante, sec. 739, of this code. § 830. Clerks, sheriffs, coroners, and other county offi- cers, etc. The mode of election of clerks, sheriffs, coron- ers, and other county and township officers, is fixed by part IV, of this code. En. March 12, 1872. County officers, election of: Post, sec. 4109. § 831. Attorneys and counselors at law. The admission of attorneys and counselors at law is provided for and their duties fixed in chapter I, title V, part I, of the Code of Civil Procedure. En. March 12, 1872. Attorneys and counselors at law: Code Civ. Ftoc, sees. 275-299. CHAPTER VII. GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF OFFICERS. Article I. Disqualification, §§ 841-843. II. Restrictions upon the Residence of Officers, §§ 852-855. III. Powers of DeiJUtles, § 865. IV. Appointment ana Duration of Term, §§ 875-879. v. Nominations and Commissions, §§ 889-894. VI. Oath of Offlc3, §§ 904-910. VII. Prohibitions Applicable to Certain Officers, §§ 920-926. VIII. Salaries, when Title is Contested, §§ 936, 937. IX. Bonds of Ofllcfcrs, §§ 947-987. X. Resignations, Vacancies, and the Mode of Supplying them, §§ 935-1004. XI. Proceedings to Compel Delivery of Books and Papers, §S 1014-1016. XII. Miscellaneous Provisions, §§ 1026-1032. m GENERAL PROVISIONS. §§ 841, 842 ARTICLE I. DISQUALIFICATIONS. § S41. Age and citizenship. § 842. Other disaualiflcations. § S43. County officer not to act as deputy. § 841. Age and citizenship. No person is capable of holding a civil -ffice who at the time of his election or appointment is not of the age of twenty-one years and a citizen of this state. En. March 12, 1872. Cal. Rep. CiL 51, 297; 136, 653; 142, 588. Civil office, as distinguished from military: See as to executive officers, ante, sec. 341. Over twenty-one: See Civ. Code, sec. 25, subd. 1. Wo- men eligible to educational offices: Stats. '1874, p. 356; see post, Appendix, title Officers. Citizens, who are: Ante, sec. 52. Citizenship, as requisite for judicial officers: Code Civ. Proc, sees. 156, 157, 159. § 842. Other disqualifications. Provisions respecting disqualification for particular offices are contained in the constitution and in the provisions of the codes concerning the various offices. En. March 12, 1872. Disqualification for holding office, by Const. Cal.: Bribery as, art. XX, sees. 10, 11; dueling as, art. XX, sec. 2; em- bezzlement or defalcation as, art. IV, sec. 21; federal officers, of, art. IV, sec. 20; forgery as, art. XX, sec. 11; governor, of, art. V, sec. 3; while holding other office, art. V, sec. 12; high crimes as, art. XX, sec. 11; impeachment, judgment in as, art. IV, sec. 18; judicial officers, of, for post of nonjudicial character, art. VI, sec. 18; legislature, members of, art. IV, sec. 4; what civil office of profit ineligible to, art. IV, sec. 19; if influenced by reward or promise thereof, art. V, sec. 35; lieutenant-governor, from holding other office, art. V, sec. 15; malfeasance in office as, art. XX, sec. 11; perjury as, art. XX, sec. 11; of lobby- ing, art. IV, sec. 35. By code: Judicial officers, Code Civ. Proc, sees. 156, 157, 159. Sex not a disqualification, for any occupation: Const. Cal., art. XX, sec. IS. Women eligible to educational offices: Stats. 1874, p. 356. Female teachers to receive same compensation as males: Stats. 1874, p. 938. §§ S43-S53 GENERAL PROVISIONS. i72 Fees, what judicial officers not to receive: Const. Gal., art. VI, sec. 15. § 843. -County officer not to act as deputy. No county officer must be appointed or act as tlie deputy of another officer of the same county, except in cases where the pay of the officer so appointed amounts to a sum less than seventy-five dollars per month. En. Stats. 1873-4, 14. Am'd. 1875-6, 23. Powers of deputies: Post, sec. 865. County officers: Post, sees. 4101 et seq. ARTICLE II. RESTRICTIONS UPON THE RESIDENCE OF OFFICERS. § S52. Certain officers must reside in Sacramento. § 8.53. Absence from the state. § 8.54. Restrictions upon judicial officers. § 855. Restrictions upon county officers. § 852. Certain officers must reside in Sacramento. The following officers m,ust reside at and keep their offices in the city of Sacramento: The governor; .secretary of state; controller; treasurer of state; attorney-general; surveyor-general; state printer; superintendent of public instruction; justices of the su- preme court; clerk of the supreme court; reporters of the supreme court; and adjutant-general. En. March 12, 1872. Residence, rules for determining: Ante, sec. 52. Justices of supreme court, eligibility based on: See Code Civ. Proc, sec. 156. Other judicial officers: See post, sec. 854. "Absence from this state on business of the state or of the United States shall not affect the question of residence of any person": Const. Cal., art. XX, sec. 12. § 853. Absence from tlie state. No officer, state, county, or municipal, shall absent himself from the state for more than sixty days, unless upon business of the state, or with the consent of the legislature; provided, that in the case of illness or other urgent necessity, the governor in the case of state officers, the board of supervisors in the case of county officers, the city council or other governing body of the municipality in the case of municipal officers, shall, upon a proper showing of such illness or necessity, extend 173 GENERAL, PROVISIONS. §§ SSi-SeS the time herein limited for the absence of any such officer from the state. En. March 12, 1872. Am'd. 1883, 280; 1897, 78. Absence from the state, of judicial officers, forfeiture of office for: Const. Cal., art. VI, sec. 9. Of governor, effect of: Const. Cal., art. V, sec. 16. Business of the state, absence from state on, not to affect residence of any person: Const. Cal., art. XX, sec. 12. Consent of the legislature, not to be given to absence of judicial officer: Const. Cal., art. VI, sec. 9. § 854. Restrictions upon judicial officers. Restrictions upon the residence of other judicial officers are contained in the Code of Civil Procedure. En. March 12, 1872. Other judicial officers, restrictions on residence of: Code Civ. Proc, sees. 157-159. § 855. Restrictions upon county officers. Restrictions upon the residence of county officers are contained in part IV of this code. En. March 12, 1872. County officers, restrictions upon residence of: Post, sees. 4101, 4119. District and township officers, like restrictions: Post, sec. 4102. ARTICLE III. POWERS OF DEPUTIES. § S6J. Powers of deputies. § 865. Powers of deputies. In all cases not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of his principal. En. March 12, 1872. Cal. Rep. Cit. 77, 47; 107, 232; 110, 251. Deputies, appointment of: Post, sees. 87G, 894. Oath of: Post, sec. 910. All necessary deputies, may be appointed by most county and township officers: Post, sec. 4112. §§ 875-879 GENERAL PROVISIONS. 174 ARTICLE rV. APPOINTMENT AND DURATION OF TERMS. § S75. Appointments, when not otherwise provided for. § S76. Deputies and suborOinate officers. § 877. Number of deputies. § 878. Term of office, when not prescribed. § 879. Holding over until successor is qualified. § 875. Appointments when not otherwise provided for. Every officer, the mode of whose appointment is not pre- scribed by the constitution or statutes, must be appointed by the governor. En. March 12, 1872. Cal. Rep. Cit. 110, 451. Governor, to see that all offices filled: Ante, sec. 380, subd. 2. To make appointments mentioned in code: Ante, sec. 380, subd. 3. Legislature may direct, whether officer shall be elected or appointed, if no provision on the subject, etc.: Const. Cal., art. XX, sec. 4. § 876. Deputies and subordinate officers. All assistants, deputies, and other subordinate officers, whose appoint- ments are not otherwise provided for, must be appointed by the officer or body to whom they are respectively sub- ordinate. En. March 12, 1872. Cal. Rep. Cit. 64, 220; 67, 118; 100, 458. Power to appoint deputies: See post, sec. 4112. Aliens, not to be appointed deputies or clerks: Stats. 1880, 23. See General Laws, title Aliens. § 877. Number of deputies. When the number of such deputies or subordinate officers is not fixed by law, it is limited only by the discretion of the appointing power. En. March 'l2, 1872. Cal. Rep. Cit. 102, 25*?; 110, 251. Discretion of the appointing power, extensive in case of county officers: Post, sec. 4112. § 878. Term of office, when not prescribed. Every office of which the duration is not fixed by law, is held at the pleasure of the appointing power. En. March 12, 1872. Cal. Rep. Cit. G4, 220; 100, 457. Similar constitutional provisions: Art. XX, sec. 16. § 879. Holding over until successor is qualified. Every officer must continue to discharge the duties of his office. 175 GENERAL PROVISIONS. §§ 889-892 although his term has expired, until his successor has qualified. En. March 12, 1872. Cal. Rep. Cit. 49, 411; 49, 412; 49, 413; 60, 289; 62, 565 62, 567; 62, 570; 63, 128; 66, 657; 69, 520; 87, 478 87, 479; 93, 156; 93, 157; 107, 237; 109, 388; 116, 110 116, 114; 122, 139; 136, 654; 138, 15. Resignation of office: See post, sec. 995. ARTICLE V. NOMINATIONS AND COMMISSIONS OF OFFICERS. § 8S9. Nominations to senate must be in writing. § 890. Resolution of concurrence. § 891. Commissions by the governor. § 892. Form of commissions. § 893. Other commissions. § 891. Appointment of deputies, etc., how made., § 889. Nominations to senate must be in writing. Nomi- nations made by the governor to the senate must be in writing, designating the residence of the nominee and the office for which he is nominated. EH. March 12, 1872. § 890. Resolution of concurrence. Whenever the sen- ate concurs in a nomination, its secretary must immedi- ately, deliver a copy of the resolution of concurrence, cer- tified by the president and secretary, to the secretary of state, and another copy, certified by the secretary, to the governor. En. March 12, 1872. § 891. Commissions by tlie governor. The governor must commission: 1. All officers elected by the people, whose commissions are not otherwise provided for; 2. All officers elected by the legislature; 3. All officers of the militia; 4. All officers appointed by the governor, or by the governor with the advice and consent of the senate; 5. United States senators. En. March 12, 1872. Cal. Rep. Cit. 85, 513; 138, 36. Duties of governor: See ante, sec. 380. Appointments when not otherwise provided: See ante, sec. 875. Register of appointments, governor to cause to be kept: Ante, sec. 382, subd. 4. § 892. Form of commissions. The commissions of all officers commissioned by the governor must be issued in §§ 893-905 GENERAL PROVISIONS. 178 the name of the people of this state, and must be signed by the governor and attested by the secretary of state, under the great seal. En. March 12 1872. Similar constitutional provision: Const. Cal., art. V, sec. 14. § 893, Other commissions. The commissions of all other ofRcers, where no special provision is made by law, must be signed by the presiding officer of the body, or by the person making the appointment. En. March 12, 1872. Cal. Rep. Cit. 138, 36. § 894. Appointment of deputies, etc., Iiow made. The appointment of deputies, clerks, and subordinate officers, when not otherwise provided for, must be made in writ- ing, filed in the office of the appointing power or the office of its clerk. En. March 12, 1872. Appointment of deputies, by whom made: Ante, sec. 876. Filed where made by county offi-cers, etc.: Post, sec. 4113. Oath, how taken, and where filed: Post, sec. 910. ARTICLE VI. OATH OF OFFICE. § 904. Oath, form of. § 90.5. Oath of governor and lieutenant-governor. § 906. Oath of members of the legi.slature. § 907. Oath, when taken § 90S. Oath, before whom taken. § 909. Oath, where filecl. § 910. Oath of deputies. § 904. Oatli, form of. Before any officer enters on the duties of his office, he must take and subscribe the fol- lowing oath: "I do swear [or affirm] that I will support the constitu- t'on of the United States and the constitution of the state of California, and that I will faithfully discharge the duties of the office of according to the best of my ability." En. March 12, 1872. Cal. Rep. Cit. 75, 452; 79, 109. Provision constitutional: See Const. Cal., art. XX, sec. 3. § 905. Oath of governor and lieutenant-governor. The governor and lieutenant-governor must take the official oath in the presence of both houses of the legislature, in convention assembled, and an entry of the fact must be made upon the journals of each house. En. March 12, 1872. 177 GENERAL, PROVISIONS. §§ 906-910 s 906. Oath of members of the legislature. Members of the legislature may take the oath of office at any time during the term for which they were elected. En. March 12, 1872. § 907. Oath, when taken. Whenever a different time is not prescribed by law, the oata of office must be taken, subscribed, and filed within ten days after the officer has notice of his election or appointment, or before the expira- tion of fifteen days from the commencement of his term of office, when no such notice has been given. En. March 12, 1872. Cal. Rep. Cit. 57, 621; 63, 128; 63, 176: 79, 109; 85, 511; 85, 51^; 85, 513; 127, 350; 127, 351. When must qualify: See post, sec. 947. See mandatory section: Post, sec. 947. § 908. Oath, before whom taken. Except when other- Avise provided, the oath may be taken before any officer authorized to administer oaths. En. March 12, 1872. Administration of oaths, and affirmations: Code Civ. Proc, sees. 2093-2097. § 909. Oath, where filed. Every oath of office certified by the officei- before whom the same was taken, must be filed within the time required by law, except when other- wise specially provided, as follows: First — The oath of all officers whose authority is not limited to any particular county, in the office of the secre- tary of state. Second — The oatli of all officers, elected or appointed for any county, and of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the offices of the clerks of their respective counties. Third— Each judge of a superior court and county clerk must, so soon as he has taken and subscribed his official oath, file a copy thereof, signed with his own proper signature, in the office of the secretary of state. En. March 12, 1872. Am'd. 1877-8, 25; 1880, 20. Cal. Rep. Cit. 75, 452; 79, 109; 79, 110; 79, 111. § 910. Oath of deputies. Deputies, clerks, and subordi- nate officers must, within ten days after receiving notice of their appointment, take and file an oath in the manner required of their principals. En. March 12, 1872. Cal. Rep. Cit. 107, 233. Pol. Code— 12 §§ 920-923 GENERAL PROVISIONS. 178 ARTICLE VII. PROHIBITIONS APPLICABLE TO CERTAIN OFFICERS. § 920. Certain oflicers not to be Interested in contracts. § 921. No purchnsois >>v vendors at certain sales. § !I22. Contiacts In vlolntlon, voidable. § 92.'!. Ceitalii olllt'crs luoliibitcd Ironi dealing in scrip, etc. ii 924. Airlltlng oflicorf?, duties of. j5 925. Treasurer, duties of. § 926. When settk-inents must be withheld. § 920. Certain officers not to be interested in contracts. Members of the legislature, state, county, city aud town- ship officers, must not be interested in any contract made by them in their official capacity, or by any Ijody or board of which they are members. En. March 12, 1872. Cal. Rep. Cit. 98, 433; 125, 122; 125. 128. Officers interested in official contracts, liability for: Pen. Code, sec. 71. § 921. No purcliasers or vendors at certain sales. State, county, township, and city office's must not be purchasers at any sale, nor vendors at any purchase made by them, in their official capacity. En. March 12, 1872. Cal. Rep. Cit. 125, 122. Penalty for violation of section: Pen. Code, sec. 71. Removal of officers for misconduct: See post. Appen- dix, title Officers. § 922. Contracts in violation, voidable. Every contract made in violation of any of the provisions of the two preceding sections may be avoided at the instance of any party except the officer inteiested therein. En. March 12, 1872. Cal. Rep. Cit. 98, 433; 125, 122. § 923. Certain officers prohibited from dealing in scrip, etc. The state treasurer and controller, the several coun- ty, city, or town officers of this state, their deputies and clerks, are prohibited from purchasing or selling, or in any manner receiving to their own dse or benefit, or to the use or benefit of any person or persons whatever, any state, county, or city warrants, scrip, orders, demands, claims, or other evidences of indebtedness against the state, or any county or city thereof, except evidences of indebtedness issued to or held by them for services ren- 179 GENERAL, PROVISIONS. §§ 924-936 dered as such officer, deputy, or clerk, and evidences of the funded indebtedness of such state, city, town, or cor- poration. En. March 12, 1872. Liability for violation of section: Pen. Code, sec. 71. § 924. Auditing officers, duties of. Every office whose duty it is to audit and allow the accounts of other state, county, city, or town officers must, before allowing such accounts, require each of such officers to make and file with him an affidavit that he has not violated any of the provisions of this firticle. En. March 12, 1872. False or fraudulent claim, presentation felonious: Pen. Code, sec. 72. Violation of any of the provisions of article, information to cause suspension of settlement or payment: Post, sec. 926. § 925. Treasurer, duties of. Officers charged with the disbursement of public moneys must not pay any warrant or other evidence of indebtedness against the state, coun- ty, city, or town, when the same has been purchased, sold, received, or transferred contrary to any of the provisions of this article. En. March 12, 1872. § 926. When settlements must be withheld. Every of- ficer charged wilh the disljursement of public moneys, who is informed by affidavit that any officer whose account is about to 1 e settled, audited, or paid by him, has violate! any of the provisions of this article, must suspend such settlement or payment, and cause such officer to be prose- cuted for such violation, by the district attorney of the county. In case there be judgment for the defendant upon such prosecution, the respective officer may proceed to settle, audit, or pay such account, as if no such affidavit had been filed. En. March 12, 1872. Am'd. 1873-4, 14. ARTICLE VIII. SALARIES OF OFFICERS WHEN TITLE IS CONTESTED. § 936. Title contested, salary, payment of. § 937. Pendency of suit must be certified by the clerk. § 936. Title contested, salary, payment of. When the title of the incumbent of any office in this state is con- tested by proceedings instituted in any court for that purpose, no warrant can thereafter be drawn or paid for § 937 GENERAL PROVISIONS. 180 any part of his salary until such proceedings have been finally determined; provided, however, that this section shall not be construed to apply to any party to a contest or proceeding now pending or hereafter instituted who holds the certificate of election or commission of office, and discharges the duties of the office; but such party shall receive the salary of such office, the same as if no such contest or proceeding was pending. En. March 12, 1872. Am'd. 1891, 28. Cal. Rep. Cit. 138, 35; 138, 37; 138, 38; 140, 189; 140, 223. Contesting elections: See Code Civ. Proc, sees. 1111- 1127. For members of legislature: Ante, sees. 273-283. For governor or lieutenant-governor: Ante, sees. 288-295. -j 937. Pendency of suit must be certified by the clerk. As soon as such proceedings are instituted, the clerk of the court in v/hich they are pending must certify the facts to the officers whose duty it would otherwise be to draw such warrant or pay such salary, except in the cases in- cluded in the proviso to the foregoing section. En. March 12, 1872. Am'd. 1891, 28. ARTICLE' IX. BONDS OF OFFICERS. § 917. Time for filing bond. § 94S. Approval, filing, etc., bonds of state officers. § 949. Bond of secretary of state, where filed. § 950. Bonfls of county and township officers. § 951. Record of official bond. § 952. Appioval must be indorsed on bond. § 9.",3. Bond not to be filed before approval. § 954. Condition of bond. § 955. Justification of sureties. § 9J6. Sureties fbr less than the penal sum. § 957. Custody of official bonds. § 958. Form of bonds. § 959. Bonds cover what breaches and duties. § 9C0. Same. I 9(il. Suit on bonds. § 902. Same. § 96:!. Defects in form, approval, filing, etc., not to vitiate. § %i. Insufficiency of sureties. § PC5. Form of additional bond. JS 966. Force of original bond. § 9C7. Liability of officers and sureties. § 908. Separate JudgmcntJ on bonds. § 9C9. Contiibution between sureties. § 970. Discharge of sureties. 8 971. Pt rsona appointed to fill vacancies, bonds of. 8 972. Release of sureties. 8 973. .Same. , I 974. Same. I 976. Office declared vacant for want of official bond. ISl GENERAL PROVISIONS. §§ 94T-951 § 976. Supplemental bond. § 977. Release, discharge, etc., of surety, effect of. § 97.S, Supplemental bond on withdrawal, removal, etc., of surety. § 979. Same. § fiSO. Sureties not released from what damages or liabilities, etc. § 9S1. Provisions of article apply to bonds of administrators, receiv- ers, etc. § 982. Bonds of receivers, assignees, etc. § 9S3. Actions on official bonds, proceedings to charge realty of de- fendant. § fiS4. Same. § 9S.5. Bonds of deputies, clerks, etc. § 9Sn. Bond of county clerk, where filed. § 9S7. Enforcement of contract to sell land affected by lien. § 947. Time for filing bond. Every official bond must be filed in the proper office within the time prescribed for filing the oath, unless otherwise expressly provided by statute. En. March 12, 1872. Cal. Rep. Cit. 57, 621; 63, 176. Time prescribed for filing oath: Ante, sec. 907. Execution: See post, sec. 950. Irregularities in bond: See post, sec. 963. Continuing liability on bond: See post, sec. 959. § 948. Approval, filing, etc., bonds of state officers. Un- less otherwise prescribed by statute, the official bonds of state officers must be approved by the governor, and filed and recorded in the office of the secretary of state. En. March 12, 1872. Approval, indorsed on bond: Post, sec. 952. Defect in: See post, sec. 963. Recording: Post, sec. 951. § 949. Bond of secretary of state, where filed. The of- ficial bond of the secretary of state must, after it is re- corded, be filed in the office of the treasurer of state. En. March 12, 1872. § 950. Bonds of county and township officers. Unless otherwise prescribed by statute, the official bonds of county and township officers must be approved by the judge of the superior court, recorded in the office of the county recorder, and then filed in the county clerk's office. En. March 12, 1872. Am'd. 1880, 20. Recording and filing bonds: See post, sees. 951, 953, 986. § 951. Record of official bond. Official bonds must be recorded in a book kept for that purpose, and entitled "Record of Official Bonds." En. March 12, 1872. §§ 952-935 GENERAL, PROVISIONS. 182 § 952. Approval must be indorsed on bond. The ap- proval of every ojB&cial bond must be indorsed thereon and signed by the officer approving the same. En. March 12, 1872. § 953. Bond not to be filed before approval. No officer with whom any official bond is required to be filed must file such bond until approved. En. March 12, 1872. § 954. Condition of bond. The condition of an official bond must be that the principal will well, truly, and faith- fully perform all official duties then required of him by law, and also all such additional duties as may be imposed on him by any law of the state of California. Such bond must be signed by the principal and at least twc sureties. En. March .^, 1872. Binding upon principal and sureties: See post, sec. 960. § 955. Justification of sureties. The officer whose duty it is to approve official bonds required of state, county, city and county, or township officers, must not accept or approve any such bond, unless each of the sureties sev- erally justify before an officer authorized to administer oaths as follows: 1. On a bond given by a state officer that such surety is a resident and freeholder or householder, within this state; and on a oond given by a county, city and county, or township officer that .such surety is a resident and free- holder or householder, within such county, city and county, or within an adjoining county or city and county. 2. That such suiety is worth the amount for which he becomes surety, over and above all his debts and liabili- ties in unincumbered property, situated within this state, exclu.sive of property exempt from execution and forced sale. 3. A member of the board of supervisors shall not be accepted as surety upon the official bond of any county, cil. and county, or township officer of his county; nor shall the sheriff, clerk, tax collector, treasurer, recorder, audi- tor, assessor, or district attorney of the same country or city and county, become sureties upon official bonds for each other. 4. A cx;rporation such as is mentioned in section ten hundred and fifty-six of the Code of Civil Procedure of this 183 GENERAL PROVISIONS. §S 956-959 state, may become and shall be accepted as sole and sufficient surety upon any bond or undertaking authorized or required by the provisions of this code or of any law of this state, subject to the provisions of said section, and those of section ten 'lundred and fifty-seven of the same code. En. March 12, 1872. Am'd. 1873-4, 72,; 1889, 220. Justification of sureties: Compare Code Civ. Proc, sec. 1057. Must be joint and several: See post, sec. 958, § 956. Sureties for less than the penal sum. When the penal sum of any bond required to be given, amounts to more than one thousand dollars, the sureties may become severally liable for portions of not less than five hundred dollars thereof, making in the aggregate, at least two sureties for the whole penal sum. And if any such bond becomes forfeited an action may be brought thereon against all or any number of the obligors, and judgment entered against them, either jointly or severally, as they may be liable. The judgment must not be entered against a surety severally bound for a greater sum tl an that for which he is specially liable by the terms of the bond. Each surety is liable to contribution to his cosureties in proportion to the amount for which he is liable. Any cor- poration, such as is mentioned in section nine hundred and fifty-five of this code, may become one of such sure- ties, or be accented as sole and sufficient surety. En. March 12, 1872. Am'd. 1889, 220. Cal. Rep. Cit. 74, 376. § 957. Custody of official bonds. Every officer with V hom official bonds are filed must carefully keep and pre- serve the same, and give certified copies thereof to any parson demanding the same, upon being paid the same fees as are allowed by law for certified copies of papers in other cases, .n. March 12, 1872. § 958. Form of bonds. All official bonds must be in form joint and several, and made payable to the state of California in such penalty and with such conditions as required by this chapter, dv the law creating or regulating t^. duties of the office. En. March 12, 1872. - Cal. Rep. Cit. 64, 217; 73, 270; 74, 375. § 959. Bonds cover what breaches and duties. Every official bond executed by any officer pursuant to law is in §§ 960-963 GENERAL. PROVISIONS. 184 force and obligatory upon the principal and sureties there- in for any and all breaches of the conditions aereof com- mitted during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal offi- cer, his deputy, or clerk. En. March 12, 1872. Cal. Rep. Cit. 64, 217; 109, 389. § 960. Same. Every such bond is in force and obliga- tory upon the principal and sureties therein for the faith- ful discharge of all uuties which may be required of such officer by any law enacted subsequently to the execution o" such bond, and such condition must be expressed there- in. En. March 12, 1872. Cal. Rep. Cit. 64, 217; 99, 499. Condition of official bond, to provide for additional du- ties: Ante, sec. 954. § 961. Suit on bonds. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein to and for the state of California, and to and for the use and benefit of all per- sons who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity; and any person so injured or aggrieved may bring suit on such bond, in his own name, without an assignment thereof. En. March 12, 1872. Cal. Rep. Cit. 64, 217; 74, 375; 99, 499. ;} 962. Same. No such bond is void on the first recov- ery of the judgment thereon; but suit may be afterwards brought, fi'om time to time, and judgment recovered thereon l)y the state of California, or by any person to whom a right of action has accrued against such officer and his sureties, until the whole penalty of the bond is exhausted. En. March 12, 1872. Cal. Rep. Cit. G4, 218. Compare, as to bond of executor or ad. linistiator: Code Civ. Proc, sees. 1387 et seq. § 963. Defects in form, approval, filing, etc., not to vitiate. Whenever an official bond does not contain the subslantial matter or conditions required by law, or there are any defects in the approval or filing thereof, it is not 185 GENERAL. PROVISIONS. 8S 964, a65 void so as to discharge such officer and his sureties; but tL^y are equitably bound to the state or party interested; and the state or such party may, by action in any court of competent jurisdiction, suggest the defect in the bond, approval, or" filing, and recover the proper and equitable demand or damages from such officer and the persons who intended to become and were included as sureties in such bond. En. March 12, 1872. Cal. Rep. Cit. 56, 627; 63, 128; 64, 218; 64, 219; 78, 157. § 964. Insufficiency of sureties. Whenever it is shown by the affidavit of a credible witness, or otherwise comes to the knowledge of the judge, court, board, officer, or other person whose duty it is to approve the official bond of any officer, that the sureties or any one of them have, since such bond was approved, died, removed from the state, become insolvent, or from any other cause have become incompetent or insufficient sureties on such bond, the judge, court, board, officer, or other person may issue a citation to such officer, requiring him, on a day therein named, not less than three nor more than ten days after date, to appear and show cause why such office should not be vacated, which citation must be served and return thereof made as in other cases. If the officer fails to , appear and show good cause why such office should not be vacated, on the day naiiied, or fails to give ample addi- tional security, the judge, court, board, officer, or other person must make an order vacating the office, and the same must i e filled as provided by law. En. .arch 12, 1872. Cal. Rep. Cit. 141, 322. Discharge of sureties: See post, sec. 970. § 965. Form of additional bond. The additional bond must be in such penalty as directed by the court, judge, board, officer, or other person, and in all other respects similar to the original bond, and approved by and filed with the same officer as required in case of the approval and filing of the original bond. Every such additional bond so filed and approved is of like force and obligation upon the principal and sureties therein, from the time of its execution, and subjects the officer and his sureties to the same liabilities, suits, and actions as are prescribed respecting the original bonds of officers. En. March 12, 1872. §§ 966-970 GENERAL PROVISIONS. !•• 9 966. Force of original bond. In no case is the orig- inal bond discharged or affected when an additional bond has been given, but the same remains of like force and ob- ligation as if such additional bond had not been given. En. March 12, 1872. § 967. Liability of officers and sureties. The officer and his sureties are liable to any party injured by the breach of any condition of an official bond, after the exe- cution of the additional bond, upon either or both bonds, and such party may t^ng his action upon either bond, or he may bring separate actions on the bonds respectively, and he may allege the same cause of action, and recover judgment theref.-r in each suit. En. March 12, 1872. § 968. Separate judgments on bonds. If separate judg- ments are recovered n the bonds by such party for the same cause of action, he is entitled to have execution issued on such judgments respectively; but he must only collect, by execution or otherwise, the amount actually adjudged to him on the same causes of action in one of the suits, together with the costs of both suits. En. March 12, 1872. § 969. Contribution between sureties. Whenever the sureties on either bond have been compelled to pay any suLa of money on account of the principal obligor therein, (he> are entitled to recover, in any court of competent jurisdiction, of the sureties on the remaining bond a dis- tributive part of thj sum thus paid, in the proportion which the penalties of such bonds bear one to the other, and to the sums thus paid, respectively. En. March 12, 1872. § 970. Discharge of sureties. Whenever any sureties on the official bond of any officer wish to be discharged from their liability, they and such officer may procure the same to be done, if such officer will execute a new bond with sufficient sureties in like form, penalty, and condi- tions, and to be approved and filed as the original bond. Upon the filing and approval of the new bond, such first sureties are exonerated from all further liability; but their bond remains in full force as to all liabilities incurred previous lo th(i app'oval of such new bond. The liability of the sureties in such new bond is in all respects the same 1S7 GENERAL PROVISIONS. §§ 971-975 and may be enforced in like manner as the liability of the sureties in the original bond. En. March 12, 1872. Discharge of sureties: Ante, sec. 964. Release of sureties: See post, sec. 972. § 971. Persons appointed to fill vacancies, bonds of. Any person appointed to fill a vacancy, before entering upon the rt^ities of the office must give a bond correspond- ing in substarce and form with the bond required of the officer originally elected or appointed, as hereinbefore pro- vided. En. March 12, 1872. § 972. Release of sureties. Any surety on the official bond of a city, town, county, or state officer, may be re- lieved from liabilities thereon afterwards accruing by com- plying with the provisions of the three sections following. En. March 12, 1872. Cal. Rep. Cit. 59, 450; 77, 49. § 973. Same. Such surety must file with the judge, court, board, offi.cer, or other person authorized by law to approve such official bond, a statement, in writing, set- ting forth the desire of the surety to be relieved from all liabilities thereon afterwards arising, and the reasons therefor, which statement must be subscribed and verified by the affidavit of the party filing the same. En. March 12, 1872. Cal. Rep. Cit. 59, 450. § 974. Same. A copy of the statement must be served on the officer named in such official bond, and due return or affidavit of service made thereon as in other cases. En. March 12, 1872. Cal. Rep. Cit. 59, 450. § 975. Office declared vacant for want of official bond. In ten days after the service of such notice, the judge, court, board, officer or other person with whom the same is filed, must make an order declaring such office vacant, and releasing such surety from all liability thereafter to arise on such official bond, and such office thereafter is in law vacant, and must be immediately filled by election or appointment, as provided for by law as in other cases of vacancy of such office, unless such officer has before that time given good and ample surety for the discharge §§ 976-979 GENERAL PROVISIONS. 188 of all his official duties as required originally. En. March 12, 1872. Cal. Rep. Cit. 59, 450. § 976. Supplemental bond. Whenever, from anv cause, a surety on the official bond of any officer elected or ap- pointed under the laws of this state withdraws from his bend or becomes insolvent, or from other cause becomes incompetent to remain as surety thereon, such officer may file a supplemental bond, executed and approved in the same manner as the original bond, for the amount for which the surety so withdrawing or incompetent was bound by the original bond. En. March 12, 1872. § 977. Release, discharge, etc., of surety, effect of. The release, discharge, voluntary withdrawal, or incompetency of a surety on any official bond, does not affect the bond as to the remaining sureties thereon, or alter or charge their liability in any respect. En. March 12, 1872. Cal. Rep. Cit. 77, 49. . § 978. Supplemental bond on withdrawal, removal, etc., of surety. Whenever a surety on any official bond gives notice of intention to withdraw therefrom, or is removed, or becomes otherwise incompetent, the principal on the bond must, within ten days after such notice or disquali- fication, execute and file, subject to the same conditions as the original, u supplemental bond, wherein must be recited the names of the remaining original sureties, and the name or names of the new surety or sureties, and the n^spective amounts for which he or they become bound, who are substituted, in lieu of the surety or sureties re- leased or disqualified. En. March 12, 1872. § 979. Same. Whenever the original bond is given for an amount in excess of the sum required by law, if the withdrawal or removal of any surety does not reduce the bond below the amount required by law to be secured l)y sureties, then no supplemental or additional bond is required or necessary; and whenever any supplemental bond is so filed and approved, the officer with whom the bond is filed, or in whose office the same is recorded, must give ten days' notice — by publication in some paper pub- lished in lh(! county, or if there i.s no paper in the county, 'hi'n in the coiinty nearest thereto in which a newspaper is '89 GENERAL PROVISIONS. §§ 980-983 published, and in case of the bond of a state officer, in some paper at the city of Sacramento — of the fact of the filing cf the bond ard the name of the party withdrawing from the former and the substitute on the new bond: and until the filing and approval of the supplemental bond the sureties on tne former bond are liable for all the acts of their principal. En. March 12, 1872. § 980. Sureties not released from what damages or lia- bilities, etc. No surety must be released from damages or liabilities for acts, omissions, or causes existing, or which arose before the making of the order mentioned in section 975, but such legal proceedings may be had there- for in all respects as though no such order had been made. En. March 12, 1872. Cal. Rep. Cit. 77, 49. § 981. Provisions of article apply to bonds of adminis- trators, receivers, etc. The provisions of this article apply to the bonds of receivers, executors, administrators, and guardians. En. March 12, 1872. Bonds of receivers: Post, sec. 982; Code Civ. Froc, Sees. 56G, 567. Bonds of executors and administrators: Code Civ. Proc, sees. 1387-1407. Bonds of guardians: Code Civ. Proc, sees. 1754, 1756, 1758, 1788, 1803-1805, 1807, 1809. § 982. Bonds of receivers, assignees, etc. All bonds or undertakings given by trustees, receivers, assignees, or officers of a court in an action or proceeding for the faithful discharge of their duties, where it is not other- wise provided, must be in the name of, and payable to, the state of California, and upon the order of the court where such action or proceeding is pending, may be prose- cuted for the benefit of any and all persons interested tlerein. En. March 12, 1872. The state the payee: See ante, sec. 958. § 983. Actions on official bonds, proceedings to charge realty of defendant. When an action is commenced in any court in this state for the benefit of the state, to en- force the penalty of, or to recover money upon an official bond or obligation, or any bond or obligation executed in favor of the state of California, or of the people of this §§ 9S4-9S6 GENERAL PROVISIONS. 190 State, the attorney or other person prosecuting the action may file with the court in which the action is commenced an affidavit, stacing either positively or on information and belief, that such bond or obligation was executed by the defendant, or one or more of the defendant (desig- nating whom), and made payable to the people of the state, or to the state of California, and that the defend- ant or defendants have real estate or interest in lands (designating the county or counties in which the same is situated), and that the action is' prosecuted for the berefit of the state: and thereupon the clerk receiving such affidavit must certify to the recorder of the county in which such real estate is situated the names of the parties to the action, the name of the court in which the action is pending, and the amount claimed in the com- nlaint, with the date of the commencement of the suit. En. March 12, 1872. Lis pendens: Code Civ. Proc, sees. 409, 755. § 984. Same. Upon receiving such certificate, the county recorder must indorse upon it the time of its re- ception, and such certificate must be filed and recorded in the same manner as notices of the pendency of an action affecting real estate; and any judgment recovered in such action is a lien upon all real estate situated in any county in which such certificate i-s so filed, belonging to the defendant, or to one or more of such defendants, for the amount that the owner thereof is or may be liable upon the judgment, from the filing of the certificate; and the fee.s due the clerk and recorder for the services re- fuired are a charge against the county where the suit is brought, to be recovered like other costs. En. March 12, 1872. § 985. Bonds of deputies, clerks, etc. Every officer or body appoinling a deputy, clerk, or subordinate ofllcer, may roquire an official bond to be given by the person. ai)pr)intod, and mav fix the amount thereof. En. March 12. 1872. Cal. Rep. Cit. G4, 218; 64, 224. § 986. Bond of county clerk, where filed. The official bond of llif county clerk shall, after being recorded, be filed in the office of the county treasurer, and the safe- 191 GFNERAL PROVISIONS. §S 987. 995 keeping the same is hereby made the duty of the county treasurer. En. Stats. 1873-4, 73. Bonds of other county officers: Ante, sec. 950. § 987. Enforcement of contract to sell land affected by lien. In any action to compel the specific performance of an agreement to sell real estate affected by the lien created by the filing of the certificate mentioned in section nine hundred and eighty-four, which said agreement shall have been made prior to the filing of such certificate, but the purchase price under which said agreement shall not have become due until after the filing of said certificate, the judge of the superior court in which said action for specific performance is tried, shall, if the purchaser is otherwise entitled to specific performance of such agree- ment, order the said purchaser to pay the purchase price, or so much thereof as may be due, to the state treasurer taking his receipt therefor. Upon such payment the pur- chaser shall be entitled to enforcement of specific per- formance of said agreement, and shall take said real estate, free from the liens created by the filing of said certificate. The moneys so paid to the state treasurer shall be held by him, pending the litigation mentioned in said certificate, and subject to the lien created by the filing of said certificate. En. Stats. 1885, 130. AETICLE X. RESIGNATIONS, VACANCIES AND THE MODE OF SUPPLYING THEM. § 995. Resignations, to whom made. I 996. Vacancies, how they occur. § 997. Notice of removal by and to whom given. § 998. Vacancies in legislature, how filled. § 999. Vacancies, how filled when not otherwise provided for. § 1000. Vacancies occuriing during recess of the legislature. § lOOl. Vacancies in certain state offices, how filled. § 1002. Vacancies in ofllce of harbor commissioner or superintenvient of public instruction, how filled. § 1003. Vacanies in board of directors of insane asylum. § 1003a. Term of appointee filling unexpired term. § 1004. Power and duty of oflScers filling unexpired terms. § 995. Resignations, to whom made. Resignations must be in writing, and made as follows: 1. By the governor and lieutenant-governor, to the legislature, if it is in session; and if not, then to the sec- retary of state. § 996 GENERAL, PROVISIONS. JflJ 2. By all ofHcers commissioned by the governor, to the governor. 3. By senators and members of the assembly, to the presiding officers of their respective houses, who must immediately transmit the same to the governor. 4. By all county and township officers not commissioned by the governor, to the clerk of the board of supervisors of their respective counties. 5. By all other appointed officers, to the body or officer that appointed them. 6. In all cases not otherwise provided for, by filing the resignation in the office of the secretary of state. En. March 12, 1872. Cal. Rep. Cit. 114, 172. § 996. Vacancies, how they occur. An office becomes vacant on the happening of either of the following events before the expiration of the term: 1. The death of the incumbent. 2. His insanity, found upon a commission of lunacy is- sued to determino the fact. 3. His resignation. 4. His removal from office. 5. His ceasing to be an inhabitant of the state, or, if the office be local, of the district, county, city, or township for which he was chosen or appointed, or within which the duties of his office are required to be discharged. 6. His absence from the state, without permission of the legislature, beyond the period allowed by law. 7. His ceasing to discharge the duties of his office for the period of three consecutive months, except when pre- vented by sickness, or when absent from the state by permission of the legislature. 8. His conviction of a felony, or of any offense involv- in ; a violation of bis official duties. 9. His refusal, or neglect to file his official oath or bond within the time prescribed. 10. The decision of a competent tribunal declaring void his election or appointment. En. March 12, 1872. Cal. Rep. Cit. 55, 80; 57, 621; 5'., 622; 62, 568; 63. 176; 06, 656; 67. 12; 67, 118; 67, 119; 68, 283; 79, 111; 79, 112; 87, 479; 100. 539; 100, 540; 100, 541; 107. 240; 117, 620; 139, 681. Subd. 9—107, 241; 109, 389. Subd. 10—118, 395. Subd. 2. Insanity, notice to officer empowered to fill vacancy: Post, sec. 997. 193 GENERAL. PROVISIONS. S9 997-999 Subd. 3. Resignation: Ante, sec. 995. Subd. 4. Removal of oflBcer: See post, sec. 997; Code Civ. Proc, sees. 802-810; Pen. Code, sees. 758-772. Subd. 5. Non-residence: Ante, sees. 52, 852-855. Subd. 6. Absence from state: Ante, sec. 853. Absence from state: See Const. Cal., art. VI, sec. 9, In the case of a judicial oflBcer, and art. V, sec. 16, of same, in the case o.. the governor. Subd. 8. Conviction of felony or misdemeanor in office, impeachment: Const. Cal., art. IV, sees. 17, 18; also Fen. Code, sees. 737-753. Court of impeachment: Code Civ. Proc, sees. 36-39. Removal of civil officers otherwise than by impeachment: Pen. Code, sees. 758-772. Notice to offi- cer empowered to fill vacancy: Post, sec. 997. Subd. 9. Failure to qualify, official oath, time prescribed fir filing: Ante, sec. 907; and, generally, see ante, sees. 904-910. Bond, time prescribed for filing: Ante, sec. 947. Subd. 10. Declaration that election or appointment void, notice to officer empowered t fill vacancy: Post, sec. 997. Expiration of term: See ante, sec. 879. § 997. Notice of removal, by and to whom given. Whenever an officer is removed, declared insane, or con- victed of a felony or oltense involving a violation of his official duty, or whenever his election or appointment is declared void, the body, judge, or officer before whom the proceedings were had must give notice thereof to the offi- cer empowered to fill the vacancy. En. March 12, 1872. Cal. Rep. Cit. 85, 511; 100, 540. § 998. Vacancies in legislature, how filled. Whenever a vacancy occurs in either house of the legislature, the governor must at once issue a writ of election to fill such vacancy. En. March 12, 1872. Constitutional foundation of section: Const. Cal., art. IV, sec. 12. § 999. Vacancies, how filled when not otherwise pro- vided for. When any office becomes vacant, and no mode is provided by law for filling such vacancy, the governor must fill such vacancy by granting a commission, to expire at the end of the next session of the legislature or at the next election by the people. En. March 12, 1872. Cal. Rep. Cit. 47, 447; 52, 167; 60, 289; 102, 14. Pol. Code— 13 §§ 1000-1003 GENERAL PROVISIONS 194 Constitutional basis of section: Const. Cal., art. V, sec. 8. Governor's power to fill vacancies: Ante, sec. 380, subd. 3. Vacancy, when none caused by expiration of term: Ante, sec. 380. Elections to fill vacancies in offices: See post, sec. 1043. § 1000. Vacancies occurring during recess of the legis- lature. "Whenever an office, the appointment to which is vested in the governor and senate, or in the legislature, either becomes vacant or the term of the incumbent of which expires during the recess of the legislature, the governor has power to appoint a person to such office; but the person so appointed can only hold the office until the adjournment of the next session of the legislature. En. March 12, 1872. Am'd. 1901, 283. Cal. Rep. Cit. 87, 478. § 1001. Vacancies in certain state officers, how filled. A vacancy in the office of either the secretary of state, con- troller, treasurer, attorney-general, surveyor-general, or clerk of the supreme court, must be filled by a person ap- pointed by the governor, who shall hold his office for the balance of the unexpired term. En. March 12, 1872. Am'd. 1875-6, 23. Cal. Rep. Cit. 52, 167. Controller, special election to fill vacancy: See post, sec. 1043. § 1002. Vacancies in office of harbor commissioner or superintendent of public instruction, how filled. A va- cancy in the office of either the superintendent of public Instruction or state harbor commissioner must be filled by a person appointed by the governor. En. March 12, 1872. State harbor commissioner, vacancy to be filled by gov- ernor for unexpired portion of term: Post, sec. 2520. g 1003. Vacancies in board of directors of insane asy- lum. Any person appointed to fill a vacancy in the board of directors of the Insane asylum holds only for the unex- pired term of his predecessor. EIn. March 12, 1872. 195 GENERAL PROVISIONS. §5 1003a-1015 § 1003a. Term of appointee filling unexpired term. Ex- cept in the instances otherwise provided in the constitu- tion, whenever a person has been or shall be appointed by the governor, or by the governor by and with the ad- vice and consent of the senate, to fill a vacancy in any office, or to fill an office when the appointment is not made until after the expiration of the preceding term, the ap- pointee holds office only for the balance of the unexpired terra as provided by the law creating the office. En. Stats. 1903, 150. § 1004. Power and duty of officers filling unexpired terms. Any person elected or appointed to fill a vacancy, after filing his official oath and bond, possesses all the rights and powers, and is subject to all the liabilities, du- ties, and obligations of the officer whose vacancy he fills. En. March 12, 1872. Cal. Rep. Cit. 81, 590. AETICLE XI. PROCEEDINGS TO COMrEL, DELIVERY OF BOOKS AND PAPERS BY OFFICERS TO THEIR SUCCESSORS. § 1014. Possession of books and papers. § 1015. Proceedings to ccmpel delivery of. § 1016. Attachment and warrant to enforce. § 1014. Possession of books and papers. Every public officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former in- cumbent, by virtue of his office. En. March 12, 1872. Cal. Rep. Cit. 103, 493. Books and papers, of former incumbent, in case of no- tary public: Ante, sec. 796. § 1015. Proceedings to compel delivery of. If any per- son, whether a former incumbent or another person, re- fuse or neglect to deliver to the actual incumbent, any such books or papers, such actual incumbent may apply, by petition, to any court of record sitting in the county where the person so refusing or neglecting resides, or to any judge of the superior court residing therein, and the court or officer applied to must proceed in a summary way, after notice to the adverse party, to hear the allegations and proof of the parties, and to order any such books or §§ 1016-102S GENERAL PROVISIONS. 19< papers to be delivered to the petitioners. En. March 12, 1872. Am'd. 1880, 20. Cal. Rep. Cit. 63, 175. Penalty for refusal: See Pen. Code, sees. 76, 77. § 1016. Attacnment and warrant to enforce. The execu- tion of the order and the delivery of the books and papers may be enforced by attachment as for a witness, and, also, at the request of a petitioner, by a warrant directed to the sheriff or a constable of the county, commanding him to search for such books and papers, and to take and deliver them to the petitioner. En. March 12, 1872. Cal. Rep. Cit. 63, 175. ARTICLE Xn. MISCELLANEOUS PROVISIONS. § 102C. Seals of executive officers. § 1027. Great seal. § 1028. Executive and judicial officers may administer oaths. § 10-;). Salaries of officers. § 1030. Office hours. § 1031. Signature of officers acting ex-officio. § 1032. Records open to public inspection, exceptions. § 1033. State officers to receive no fee in performance of official duty. § 1026. Seals of executive officers. Except where other- wise specially provided by law, the seals of oflBce of the various executive officers are those in use by such officers at the time this code takes effect, and each of such officers must at once file a description and impression of such seal in the office of the secretary of state. En. March 12, 1872. Seal defined, ante, sec. 14; great, post, sec. 1027; of in- spector of gas meters, ante, sec. 578; of notary public, ante, sec. 794, subds. 7, 8; of commissioner of deeds, ante, sec. 812, subds. 4, 5; of fire department, post, sec. 3340. § 1027. Great seal. The great seal of the state is the one in use at the time of the adoption of this code. En. March 12, 1872. Great seal: Const. Cal., art. V, sec. 13; ante, sees. 407, subd. 4, 408, subd. 3, 416, subd. 2. § 1028. Executive and judicial officers may administer oaths. Every executive and judicial officer may administer and certify oaths. En. March 12, 1872. Cal. Rep. Cit. 56, 465; 128, 420. 197 GENERAL PROVISIONS. §5 1029-1032 Administration of oaths: Sections 179, 259, 2012, 2093, 2097. Code of Civil Procedure, and post, section 4118, pro- vide w^hat officers may administer oaths. § 1029. Salaries of officers. Unless otherwise provided by law, the salaries of officers must be paid out of the ?;eneral fund in the state treasury, monthly, on the last day of each month. En. March 12, 1872. Cal. Rep. Cit. 58, 578; 96, 415; 96, 416. § 1030. Office hours. Unless otherwise provided by law, every officer must keep his office open for the trans- action of business from ten o'clock A. M. until four o'clock P. M. each day, except upon holidays. En. March 12, 1872. Holidays: Ante, sees. 10, 11. § 1031. Signature of officers acting ex-officio. When an officer discharges ex-officio the duties of another office than that to which he is elected or appointed, his official signa- ture and attestation must be in the name of the office the duties of which he discharges. En. March 12, 1872. Cal. Rep. Cit. 69, 93; 95, 47. § 1032. Records open to public inspection, exceptions. The public records and other matters in the office of any officer are at all times, during office hours, open to the inspection of any citizen of this state. In all actions for divorce, the pleadings and the testimony taken and filed in said actions shall not be by the clerk with whom the same is filed, or the referee before whom the testimony is taken, made public, nor shall the same be allowed to be inspected by any person except the parties that may be interested, or the attorneys to the action, or by an order of the court in which the action is pending; a copy of said order must be filed with the clerk. In cases of attach- ment, the clerk of the court with whom the complaint is filed shall not make public the fact of the filing of such complaint, or of the issuing of such attachment, until after the filing of return of service of attachment. En. March 12, 1872. Am'd. 1873-4, 14. Cal. Rep. Cit. 99, 531; 114, 549; 114, 550. Public writings open to inspection: Code Civ. Proc, sec. 1892. Divorce: Civ. Code, sees. 82-148. Attachment: Code Civ. Proc, sees. 537-559. Violation of section: Pen. Code, sec. 176. / § 1033 GENERAL, PROVISIONS OF ELECTIONS. W» § 1033. State officers to receive no fee in performance of official duty. The salaries fixed by law for all state of- ficers, elective or appointive, shall be compensation in full for all services rendered in any official capacity or employ ment whatsoever, during their terms of office, and no such officer shall receive for his own use any fee or perquisite for the performance of any official duty. En. Stats. 1905, 212. TITLE II. OF ELECTIONS. Chapter I. General Provisions Relating to Elections, §§ 1041-1080. II. Qualifications and Disabilities of Electors, §§ 1083-1084. III. Registration of Electors, §§ 1094-1119. IV. Election Precincts, §§" 1127-1132. V. Boards of Election, §§ 1142-1150. VI. Opening and Closing the Polls, §§ 1160-1164 VII. Poll Lists, §§ 1174-1175. VIII. Election Tickets and Ballots, §§ 1185-1216. IX. Voting and Challenges, §§ 1224-1243. X. Canvassing and Returning the Vote, §§ 1252- 1268. XI. Canvass of Returns; Declaration of Result; Commissions and Certificates of Election, §§ 1278-1297. XII. Elections for Electors of President and Vice- President, §§ 1307-1322. XIII. Elections for Members of Congress, §§ 1332- 1347. XIV. Primary Elections, §§ 1357-1380. CHAPTER I. CRNERAL PROVISIONS REtATING TO ELECTIONS. Artlflc I. Time of Holding Elections, §§ 1041-1043. II. Elfctlon Proclamations. §§ 10.")3-10.-)6. III. Miscellaneous Provisions, "§§ 1066-1073. TV, f'r.iintv. Citv anfl County Boards of Election Commissioners §5 1075-1080. ARTICLE I. TIME OF HOLDING ELECTIONS. g 1041. Ooncral oloctlon, when to be held. I 1042. .lu'llrlal el'otlon. (Repealed.) { 1043. Special elections, when to be held. 199 GENERAL PROVISIONS OF ELECTIONS. §§ 1041-1054 § 1041. General election, when to be held. There must be held throughout the state, on the first Tuesday after the first Monday of November, in the year eighteen hundred and eighty, and in every second year thereafter, an elec- tion, to be known as the general election. En. March 12, 1872. Am'd. 1880, 77. Cal. Rep. Cit. 52, 169; 56, 98; 58, 560; 62, 572; 62, 573; 62, 574; 130. 94; 141, -ISO. Purity of elections, act relating to: See post. Appendix, title Elections. § 1042. Judicial election. (Repealed.) En. March 12, 1872. Rep. 1880, 77. Cal. Rep. Cit. 52, 169. § 1043. Special elections, when to be held. Special elec- tions are such as are held to supply vacancies in any office, and are held at such times as may be designated by the proper board or officer. En. March 12, 1872. Cal. Rep. Cit. 52, 169; 55, 617; 114, 364; 130, 94. Vacancies: Ante, sees. 996 et seq. Designating time of election: See post, sec. 1053. Act relating to special elections: See post. Appendix, title Elections. ARTICLE II. ELECTION PROCLAMATIONS. § 1053. Election proclamations by the governor. § 1054. Governor's proclamation, what to contain. § 1055. Publication and posting by supervisors. § 1056. Election proclamation by supervisors. § 1053. Election proclamations by the governor. At least thirty days before a general election, and whenever he orders a special election to fill a vacancy in the office of state senator or member of assembly, at least ten days before such special election the governor must issue an election proclamation, under his hand and the great seal of the state, and transmit copies there of to the boards of supervisors of the counties in which such elections are to be held. En. March 12, 1872. Am'd. 1877-8, 25; 1880, 77. Cal. Rep. Cit. 91, 435. OpeniEg and closing polls: See post, sec. 1160. § 1054. Governor's proclamation, what to contain. Such proclamation must contain: 1. A statement of the time of election, and of the of- fices to be filled. §§ 1055, 1056 GENERAL PROVISIONS OF ELECTIONS. 2(10 2. An oJBfer of rewards, in the following form: "And I do hereby offer a reward of one hundred dollars for the arrest and conviction of any and every person violating any of the provisions of title IV, part I, of the Penal Code; such rewards to be paid until the total amount hereafter expended for the purpose reaches the sum of ten thousand dollars." En. March 12, 1872, Cal. Rep. Cit. 55, 617; 91, 435. Provisions of Penal Code: Sees. 40-64% on crimes against the elective franchise. § 1055. Publication and posting by supervisors. The board of supervisors, upon the receipt of such proclama- tion, may, in case of general or special elections, cause a copy of the same to be published in some newspaper print- ed in the county, if any, and to be posted at each place of election at least ten days before the election, and in case of special elections to fill a vacancy in the office of state senator or member of assembly, the board of supervisors, upon receipt of such proclamation, may, in their discre- tion, cause a copy of the same to be published or posted as hereinbefore provided, except that such publication or posting need not be made for a longer period than five days before such election. En. March 12, 1872. Am'd. 1875-6, 24; 1877-8, 26; 1880, 77. Cal. Rep. Cit. 53, 393; 56, 116; 91, 435; 91, 438. § 1056. Election proclamation by supervisors. When- ever a special election is ordered by the board of super- visors, they must issue an election proclamation, contain- ing the statement provided for in subdivision 1, section 1054, and must publish and post it in the same manner as pi-oclamations issued by the governor. En. March 12, 1872. Cal. Rep. Cit. 55, 617; 55, 621; 91, 435. Special elections: Ante, sees. 1043, 1053. ARTICLE III. MISCELLANEOUS PROVISIONS. 8 1066. Plurality to elect. S 10«7. Prijcecdlng.s on a tie vote other than for governor or Ueutenant- Kuvcrnor. 10C8. Saine, on tie vote for governor or lleutenant-gfovernor, lOtiS. Klectors privileged from arrest, when. 1070. Kleetors exempt from mllltia duty. when. 1071. No fees for cerllflcate of registration. 1072. Compensation of officers of election. 1073. Supervisors to have blanks prepared. 201 GENERAL, PROVISIONS OF ELECTIONS. 85 1066-1072 § 1066. Plurality to elect. The person receiving at any election the highest number of votes for any office to be filled at such election, is elected thereto. En. March 12, 1872. Cal. Rep. Cit. 132, 284; 143, 549. Plurality elects: Const. Cal. 1879, art. XX, sec. 13. § 1067. Proceedings on a tie vote other than for gov- ernor OP lieutenant-governor. If at any election, except that for governor or lieutenant-governor, two or more per- sons receive an equal and the highest number of votes, there is no choice, and a special election to fill such of- fice must be ordered by the proper board or officer. En. March 12, 1872. Cal. Rep. Cit. 132, 284; 143, 546; 143, 547; 143, 549. Special election: Ante, sec. 1043. § 1068. Same, on tie vote for governor or lieutenant- governor. In case any two or more persons have an equal and highest number of vote.s for either governor or lieu- tenant-governor, the legislature must, by joint vote of both houses, chose one of the persons to fill such office. En. March 12, 1872. Constitutional basis of section: See Const. Cal. 1879, art. V, sec. 4. § 1069. Electors privileged from arrest, when. Electors are privileged from arrest, except for an indictable offense, during their attendance on the election, and in going to and returning from the same. En. March 12, 1872. Constitutional provision, of same character: Const. Cal. 1879, art. II, sec. 2, § 1070. Electors exempt from militia duty, when. No elector is obliged to perform militia duty on the day of election, except in time of war or public danger. EJn. March 12, 1872. Basis of section: See Const. Cal. 1879, art. II, sec. 3. § 1071. No fees for certificate of registration. No fees must be charged for registration or certificates thereof. En. March 12. 1872. § 1072. Compensation of officers of election. Each member upon a board of election in any county, or city or §§ 1073-1075 GENERAL PROVISIONS OF ELECTIONS. 2«2 county, in the state, and each clerk thereof, shaii receive as compensation for his services upon such board, a sum not to exceed ten dollars, w^hich sum shall be paid out of the treasury of the county, or city or county, in which such persons act. En. March 12, 1872. Am'd. 1889, 423. Cal. Rep. Cit. 142, 517. § 1073. Supervisors to have blanks prepared. The nec- essary printed blanks for poll lists, tally lists, lists of voters, oaths, and returns, together with envelopes in which to inclose returns, must be furnished by the board of su- pervisors to the officers of each election precinct at the expense of the county. En. March 12, 1872. ARTICLE IV. COUNTY, CITY AND COUNTY BOARDS OF ELECTION COMMIS- SIONERS. New article approved March 28, 1895; Stats. 1895, p. 341. § 1074. No section of this number. § 1075. Election commissioners. § 1076. Powers of commissioners. § 1077. Secretary and clerks of commissioners. I 1078. ' Secretary of commissioners, powers and duties. § 1079. Expenditures. § 1080. Effect of act creating election commissioners. § 1074. No section of this number. § 1075. Election commissioners. The board of super- visors of each county is ex-officio the board of election commissioners in and for the county, and the common council, or other governing body of a city, is ex-officio the board of election commissioners in and for such city; provided, that in cities and cities and counties of this state having one hundred and fifty thousand or more inhabitants the board of election commissioners shall consist of four person.-^, citizens and electors of such city, or city and county, each of whom must be a freeholder, and have been an actual resident of said city and county at least five years preceding his appointment, who shall be ap- pointed by the mayor; provided, that the respective execu- tive committees of the state committees of either of the political parties, who may be entitled under the pro- vision.s of this act to have members of their party appoint- ed as members of said board of election commissioners, shall have the right, within ten days after such appoint- 203 GENERAL PROVISIONS OF ELECTIONS. § lOTf ment, to file with the mayor a written protest against the appointment of a member of said board of election com- missioners, as having been appointed as one of affiliation with said party, on the grounds that said appointee is not a person of well-known affiliation and standing with said party from which he has been appointed; and the mayor thereupon shall make another appointment in the place of the party against whom the protest has been filed. The members of said commission shall be ineligible to any oth- er office or public employment, elective or appointive, dur- ing the term for which they have been appointed and for one year thereafter. Two of the persons so appointed shall be selected from the body of citizens and electors of such city, or city and county, of known affiliation with and belonging to the political party or organization which at the last presidential election held in such city, or city and county, polled within said city, or city and county, the highest number of votes cast for the candidates of the political party for presidential electors at such election; and the two remaining members of said board shall be selected from the body of electors of such city, or city and county, of known affiliation with and belonging to the political party which, at the last presidential election held at such city, or city and county, polled within such city, or city and county, the next highest number of votes cast for the candidates for presidential electors of a political party. The members of said commission shall, every two years, choose one of their number as chairman; in the event of their failure to select a chairman in five ballots, the oldest of said members in point of years shall be chairman. The person first appointed as such board of election commissioners shall be appointed on the first Monday of July, eighteen hundred and ninetj'-five, and shall each hold their office for the term of ifour years from and after the date of their appointment, except that of those first appointed, two (one belonging to each politi- cal party or organization as aforesaid), to be designated by the mayor, shall retire at the end of two years, when their successor shall be appointed by the mayor. When- ever any vacancy shall occur in the said board, such vacancy shall be filled by appointment as herein prescribed, and the person so appointed to fill such vacancy shall be selected in the same manner and from the same political party or organization with which his predecessc in of- fice affiliated and belonged at the time of his appointment thereto, and shall hold office for the balance of the un- §§ 1076, 1077 GENERAL, PROVISIONS OF ELECTIONS. a04 expired term to which he was appointed. The salary of each member of the board of election commissioners in and for a city, or city and county, having one hundred thousand or more inhabitants, shall be seven hundred and fifty dollars per annum, payable in equal monthly install- ments, out of the treasury of such city, or city and county, in the same manner as the salaries of other officers of such city, or city and county, are paid. En. Stats. 1895, 338. Cal. Rep. Cit. Ill, 99; 111, 100; 143, 471. This act was declared unconstitutional in the case of Denman v. Bi'oderick, 111 Cal. 96. § 1076. Powers of commissioners. The board of elec- tion commissioners, as provided for in this irticle, shall, within their respective counties, cities or cities and coun- ties, be invested with, and shall exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code or by any law of this state, upon boards of supervisors of the several counties, or upon the common council or other governing body of cities, or upon any other board or body, in respect to the conduct, control, management, and supervision of elections, and all matters pertaining to elections held within the respective counties, cities, or cities and counties, as the same are now or may be hereafter prescribed by law. En. Stats. 1895, 339. § 1077. Secretary and clerks of commissioners. The county clerk is ex-officio clerk of the board of election commissioners of the county, and the clerk or secretary of the common council or other governing body of a city is ex-oflScio the clerk or secretary of the board of election commissioners; provided, that in cities, or cities and coun- ties, of this state having one hundred and fifty thousand or more inhabitants, the board of election commissioners shall appoint a suitable person, not one of their own number, to act as secretary, at a salary not to exceea two hundred and fifty dollars per month, payable in the same manner as the salaries of the commissioners are paid. Such secretary shall hold his oflace during the pleasure of the said board. The secretary of the board of election commissioners shall not, during the term of his office, engage in any other calling (ir trade, or profession or employment, and shall he ineligible to be a candidate or delegate to any conven- 205 GENERAL PROVISIONS OF ELECTIONS. § 1073 tion which shall nominate candidates for office, and he shall he inelisible to be voted for for any office while acting as such secretary; and if these provisions of the law are not obeyed, it shall be the duty of tue board of election commissioners forthwith to declare his place vacated, and the vacancy shall be filled in the same man- ner and terms as provided for in the original appointment. Each member of the board of election commissioners, and the secretary elected by said board of election com- missioners, shall, within fifteen days after receiving notice of their appointment, take the usual oath of office before any judge of the superior court of said county, or city and county, and said oaths of office shall be filed with the county clerk of said city and county. The board of election commissioners shall have the power to appoint all deputies, and such clerks as may be necessary, and to fix their salaries at the time of their employment. All deputies and clerks thus appointed shall be equally divided between the representatives of the political parties that polled the highest and the next to the highest number of votes at the preceding presidential election. The salaries cf all deputies and clerks that may be appointed bv said board of election commissioners" shall be pavable in equal monthly installments out of the treas- ury of said city, or city and county, in the same manner as the salaries of other officers of such city, or city and county, are paid. The members of the board of election commissioners, the secretary of the board of election commissioners, all deputies and clerks appointed by the board of election commissioners, and all elections officers, shall have the power to administer oaths; and any false oaths taken before them, or either of them, shall be deemed to be perjury, and the persQn so convicted thereof shall be punished according to law. En. Stats. 1895, 339. Cal. Rep. Cit. 143, 471. § 1078. Secretary of commissioners, powers and duties. The county clerk of each county, and the clerk or secre- tary of the common council of a city, shall, within their respective counties, or cities, exercise all the powers con- ferred, and shall discharge and perform all the duties im- posed by this code, or by any law of this state, upon such officers in respect to the conduct, management, and super- vision of elections, and matters pertaining to elections, held §§ 1079, 1080 GENERAL PROVISIONS OP ELECTIONS. 209 within the respective counties, or cities, as the same are now or may be hereafter prescribed by law; provided, that in cities, or cities and counties, having one hundred and fifty thousand or more inhabitants, the secretary of the board of election commissioners, under the direction of the board of election commissioners, shall exercise all the powers conferred, and shall discharge and perform all the duties imposed by this code, or by any law of this state, upon the county clerk or any other officer in such cities, or cities and counties, in respect to the conduct and supervision of matters relating to elections held within such cities, or cities and counties, as the same are now or may be hereafter prescribed by law. En. Stats. 1895, 340. Cal. Rep. Cit. 143, 471. § 1079. Expenditures. Whenever the clerk, secretary, or any officer of a county, city, or city and county, is charged with the performance of any official duty in re- spect to elections which involves the expenditure of pub- lic moneys, such expenditures shall be subject to the con- trol and supervision of the board of election commission- ers; and when any printing or other service is to be per- formed, or materials are to be furnished, the amount of which in the aggregate shall exceed the value of five hun- dred dollars, it shrill be the duty of the board of election commissioners to invite proposals for the work, or the furnishing of the materials, and to let the contract for the same to the lowest responsible bidder therefor, in the same manner and upon the same conditions as is re- quired in the letting of contracts for doing other and sim- ilar work, or furnishing other and similar materials, for county, city, or city and county purposes; provided, that no such proposal or bid shall be required for the contract to print ballots, if the time within which such ballots must be had does not reasonably admit of such proposal and bid. En. Stats. 1895, 340. § 1080. Effect of act creating election commissioners. Nothing contained in this article affects any of the pro visions of this code, or of any statute of this state, touching the registration and qualification of voters and the method of calling, holding and conducting elections, in force in any county, city, or city and county; but such provisions and statutes are recognized as continuing in force, except so far as they are inconsistent with the provisions of this article upon the subject to which this article relates. En. Stats. 1895. 341. 207 QUALIFICATIONS, ETC., OF ELECTORS. SS 1<"»3, 10S4 CHAPTER II.. QUALIFICATIONS AND DISABILITIES OF ELECTORS. § 1083. Qualifications of a voter. § 1084. Persons not entitled to vote. § 1083. Qualifications of a voter. Every male citizen of the United States, every male person who shall have acquired the right of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election,and of the county in which he claims his vote ninety days, and in the election precinct thirty days, and who has conformed to the law governing the registration of voters, shall be a qualified elector at any and all elec- tions held within the county, city and county, city, town, or district, within which such elector resides En. March 12, 1872. Am'd 1880, 77; 1893, 124; 1899, 60. Cal. Rep. Cit. 91, 467; 118, 394; 119, 617; 119, 618; 127, 89; 145, 324; 145, 338; 145, 341; 145, 342. No property qualification ever to be acquired for any person to vote; Const. Cal., art. I, sec. 24. Citizens, native and naturalized: Ante, sec. 51. Residence, for voting purposes, rules for determining place of: Post, sec. 1239. Great register of county, name enrolled on: See Regis- tration of Electors, sees. 1094-1119. Educational qualification, act relating to: See post. Appendix, title Elections. § 1084. Persons not entitled to vole. No native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privilege of an elector. En. March 12, 1872. Am'd. 1880, 78. Cal. Rep. Cit. 91, 467. Constitutional basis of section: As amended 1880; pro- viso in Const. Cal., art. II, sec. 1. Native of China, provisions against Chinese: Const. Cal., art. XIX, 5 1094 REGISTRATION OF ELECTORS. SM CHAPTEE III. REGISTRATION OF ELECTORS. § 1094. Great register, re-regtstration. § 1095. Names of electors to be entered. § 1096. Substance of entry. § 1097. Rules governing entry. § 1098. Assessor's roll of electors. (Repealed.) § 10;'9. What enrollment must show. (Repealed.) § 110<). Duty of clerk or assessor relative to certain proofs produced. (Repealed.) § 1101. Assessor must make monthly returns of enrollment. (Re- pealed.) § 1102. Duty of clerk upon receipt of the return. § 1103. Affidavits must be filed in clerk's office for five years. § 1104. Persons not to be registered in different counties. § 1105. Cancellation of entry. § 1106. When entry must be canceled. § 1107. Clerk must give certificate of registration. § 1108. Persons refused registration may proceed by action. § 1109. Action to have registration canceled. § 1110. Parties to such actions. § 1111. Same. § 1112. Costs not to be recovered against the clerk, except. § 111.'?. Clerk to arrange affidavits of registration. § 1114. Names, manner of arrangement. (Repealed.) § 1115. Clerk to prepare Index. § 1116. Printed copies, how distributed. § 1117. Certified copy prima facie evidence. § 1118. Primary elections. § 1119. Primary elections. § 1094. Great register, re-registration. A register, in which shall be entered the names of the qualified electors of each of the counties of the state, shall be kept at the oflftce of the county clerk of each county, and in each of the cities and counties of the state such a register shall be kept in the office of the person charged with the registra- tion of voters of such city and county. There shall be, in each even-numbered year, in each of the counties of the state, a new and complete registration of the voters of such counties, and cities and counties, v/ho are entitled thereto. Such registration shall begin on the first day of January of such years, and shall be in progress at all times except during the forty days immediately preceding any election, when it shall cease as to electors residing In the territory within which such election is to be held; but transfers may be made from one precinct or ward to another In the same county, or city and county, at any 209 REGISTRATION OF ELECTORS. § 1095 time except within twenty-five days immediately preced- ing any such election. The board havin?? charge and con- trol of elections in the several counties and cities and counties, may provide by resolution, for the registration of voters in their respective precincts, by the officer charged with the registration of voters. Upon the writ- ten request of the officer charged with the registration of voters, every landlord or keeper of premises where lodgers abide shall furnish said officer a list of all lodgers occupying rooms or sleeping apartments or beds in the premises under his control. Such list shall be furnished upon blanks provided by said officer. Any landlord or keeper of premises where lodgers abide, who neglects or refuses to comply promptly with the provisions of this section shall be guilty of misdemeanor. Any voter regis- tered in premises in which the landlord or keeper neglects or refuses to comply with this act shall be cited to appear before the election commissioners within five days in or- der to verify his right to vote. It shall be considered as a proper citation to such voter if the citation is addressed to the name of the party registered, the number of room and place of registration; and if the party cited does not appear, in answer to the citation, at the time appointed, his name shall be stricken from the register of voters. The landlord or keeper of premises from which the voter is registered shall also be cited to appear at the same time and place at which the citation of his alleged lodger is returnable. En. March 12, 1872. Am'd. 1877-8, 27; 1889, 424; 1895, 229; 1899, 60. Cal. Rep. Cit. 56, 70; 56, 72; 56, 73; 96, 366; 96, 369; 119, 619; 127, 88; 142, 75; 145, 324; 145, 342. § 1095. Names of electors to be entered. In the regis- ter of voters the clerk must, as hereinafter provided, en- ter the names of the qualified electors of the county, and the provisions of section one thousand and ninety-six of this code are hereby declared to be mandatory. Any offi- cer charged with the registration of voters who neglects or refuses to make all of the entries provided for in sec- tion one thousand and ninety-six of the Political Code, or neglects or refuses to take the oath of the voter applying to him for registration in respect to the same, shall, upon conviction, be deemed guilty of a misdemeanor for each and every such omission. En. March 12, 1872. Am'd. 1899, 61; 1903, 257. Pol. Code— 14 §§ 1096. 1097 REGISTRATION OF ELECTORS. 210 Cal. Rep. Cit. 145, 324; 145, 342. Qualified electors, who are: Ante, sec. 1C83. § 1096. Substance of entry. Such entry must show: 1. The name at len^h. 2. The age, omitting fractions of years. 3. The occupation. 4. The height. 5. The visible marks or scars, if any, and their location. 6. The country or state of nativity. 7. The place of residence (giving ward and precinct) ; and, in municipal corporations, by specifying the name of the street, avenue, or other location of the dwelling of such elector, with the number of such dwelling, if the same has a number, and if not, then with such description of the place that it can be readily ascertained and identi- fied. If the elector be not the proprietor or head of the house, then it must show that fact, and upon what floor thereof, and what room such elector oi^cupies in such house. 8. If naturalized, the place of naturalization. 9. The date of the entry of each person. 10. The postofllce address. 11. The fact whether or not the elector desiring to be registered is able to read the constitution in the English language and to write his name, and wh.5ther or not the elector h^s any physical disability by reason of which he cannot mark his ballot; and if he cannot mark his ballot by reason of physical disability, then the nature of such disability must be entered. En. March 12, 1872. Am'd. 1891, 281; 1895, 230; 1899, 61. Cal. Rep. Cit. 145. 324; 145, 325; 145, 327; 145, 335; 145, 342. Subd. 11—145, 357. § 1097. Rules governing entry. No person's name must be entered by the clerk unless: 1. Upon the production and filing of a certified copy of the judgment of the superior court directing such entry to be made. 2. If a naturalized citizen, upon the production of his certificate of naturalization, which certificate must be is- sued ninety days prior to the succeeding election, or upon his afiidavit that it is lost or out of his possession, which 211 REGISTRATION OF ELECTORS. §§ 1098-1100 affidavit must state the place of his nativity and the time and place of his naturalization, together with his affidavit that he has resided in the United States for five years, and in this state for one year next preceding the time of application, and that he would be an elector of the county at the next succeeding election; provided, how- ever, if such naturalized citizen shall have been previ- ously registered as a qualified elector in any of the coun- ties, or cities and counties of this state, his name mu^3t not be entered by the clerk unless he produces a certifi- cate of such registration, issued by the party authorized by law to issue such certificate, which certificate shall be prima facie evidene of his naturalization. 3. If born in a foreign country, upon his affidavit „hat he became a citizen of the United States by virtue of the naturalization of his father while he was residing in the United States, and under the age of twenty-one years, and that he is or would be an elector of the county at the next ensuing election. 4. In other cases, upon the affidavit of the party that he is or will be an elector of the county at the next succeed- ing election. Such affidavit must be made before a county clerk or officer charged with the registration of voters or their deputies. 5. In every case the affidavit of the party must show all the facts required to be stated in the entry on the reg- ister, except the date of the entry. En. March 12, 1872. Am'd. 1873-4, 15; 1880, 78; 1883, 284; 1899, 61. Cal. Rep. Cit. 56, 71; 56, 72; 56, 73; 145, 324; 145, 325; 145, 327; 145, 342. Subd. 1. Registration in another county — must be can- celed: Post, sec. 1104. Elector of the county, qualifications of electors: Ante, sec. 1083. Subd. 2. Returns of assessor: See sees. 1098-1103. § 1098. Assessor's roll of electors. (Repealed.) En. March 12, 1872. Rep. 1899, 63. § 1099. What enrollment must show. (Repealed.) En. March 12, 1872. Rep. 1899, 63. § 1100. Duty of clerk or assessor relative to certain proof produced. (Repealed.) En. March 12, 1872. Rep. 1899, 63. §§ 1101-1106 REGISTRATION OF ELECTORS. 212 § 1101. Assessor must make monthly returns of enroll- ment. (Repealed.) En. March 12, 1872. Rep. 1899, 63. § 1102. Duty of clerk upon receipt of the return. Upon the receipt of such return, the clerk must at once enter upon the great register the names contained and the state- ments made in such return. En. March 1, 1872. Cal. Rep. Cit. 129, 563. § 1103. Affidavits must be filed in the clerk's office for five years. The clerk must preserve all affidavits made before himself or his deputies for the purpose of procur- ing registration, for at least five years from the dates thereof. After said affidavits and duplicates shall have been preserved for five years, upon order of the board of supervisors, they may be destroyed. En. March 1, 1872. A.m'd. 1899, 62; 1903, 257. Cal. Rep. Cit. 145, 324; 145, 325; 145, 342. § 1104. Persons not to be registered In different coun- ties. No person must cause himself to be registered or enrolled in one county when his registration in another remains uncanceled. En. March 12, 1872. Punishment for fraudulent registration: Pen. Code, sec. 42. § 1105. Cancellation of entry. There must be left op- posite each name in the great register a blank for can- cellation. Cancellation is made by writing in such blank the word "canceled," and a statement cf the reasons therefor, and by writing in red ink across the face of the affidavit used in procuring such registration the same words as are used in making the cancellation in the great register. En. March 12, 1872. Am'd. 1899, 62. Cal. Rep. Cit. 122, 178; 145, 324; 145, 325. When entry canceled: Post, sec. 1106. § 1106. When entry must be canceled. 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 per- son registered. 'A. When the insanity of the person registered is legally established. 4. Upon the production of a certified copy of a judg- ment of the conviction of any elector of any infamous il3 REGISTRATION OF ELECTORS. § 1106 crime, or of the embezzlement or misappropriation of any public money, in full force against the person registered, or upon information of such conviction obtained as here- inafter provided. 5. Upon the production of a certified copy of a judg- ment 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 clerlis of election that the respective party did not vote during the next preceding 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 in section three thousand and seven- ty-nine of this code. 9. Every judge before whom proceedings were had which result in any male person being declared incapable of taking care of himself and managing his property, and for whom a guardian of his person and estate is accord- ingly appointed, or which result in such person being com- mitted to a state insane asylum as an insane person, shall file with 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, the first week of Sep- tember, in each year, examine the records of the courts having jurisdiction in cases 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 arried into effect. PJn. March 12, 1872. Am'd. 1873-4, 16; 1880, 78. Subd. 9. Guardian an4 ward: Civ. Code, sees. 236-258; Code Civ. Proc, sees. 1747-1809. Committed to insane asylum: Civ. Code, sec. 258. Guardians of insane and incompetent persons: Code Civ. Proc, sees. 1763-1767. §§ 1107-1112 REGISTRATION OF ELECTORS. 214 § 1107. Clerk must give certificate of registration. Upon the application of the party, in person or in writing, the clerk must give him or his agent a certified copy cf the entries upon the great register relating to such party. En. March 12, 1872. Cal. Rep. Cit. 119, 619. § 1108. Persona refused registration may proceed by action. If the clerk refuses to enter the name of any qualified elector of the county upon the great register, such elector may proceed by action in the -superior court to compel such entry. En. March 12, 1872. Am'd. 1880, 20; 1880, 79. Rules governing entry: Ante, sec. 1097. § 1109. Action to have registration canceled. Any per- son may proceed by action in the superior court to com- pel the clerk to cancel any entry made on the great reg- ister illegally, or that ought to be canceled by reason of facts that have occurred subsequent to the time of such entry, but if the person whose name is sought to be can- celed be not a party to the action; the court may order him to be made a party defendant. En. March 12, 1872. Am'd. 1873-4, 17; 1880, 20; 1880, 79. Cal. Rep. Cit. Ill, 7; 145, 342. When entry must be canceled: Ante, sec 1106. Parties to civil actions: Code Civ. Proc, sees. 367-390. § 1110. Parties to such actions. In an action under the authority of section 1108, as many persons may join as plaintiffs as have causes of action. En. March 12, 1872. Joinder of plaintiffs generally: Code Civ. Proc, sec. 378. Uniting causes of action generally: Code Civ. Proc, sec. 427. § 1111. Same. In an action under the authority of section 1109, tlie clerk and as many persons as there are causes of action against may be joined as defendants. En. March 12, 1872. Joining all parties interested aa defendants, in general: Code Civ. Proc, sees. 379, 382. § 1112. Costs not to be recovered against clerk, ex- cept. Costs cannot be recovered against the clerk in 215 REGISTRATION OF ELECTORS. §§ 1113-1117 any action under the authority of this chapter, unless it is alleged in the complaint, and established on the trial, that the clerk knowingly and willfully violated a plaiu duty^ En. March 12, 1872. Costs generally: Code Civ. Proc, sees. 1021-1039. § 1113. Clerk to arrange affidavits of registration. "Within fifteen days after the last day of registration, the clerk shall arrange the affidavits of registration for each precinct alphabetically by surnames, and number the same, beginning with one in each case, and bind the same, or cause them to be bound, into a book by fastening the left-hand edges together with a staple, wire, thread, or other suitable material; he shall at the same time treat the duplicate affidavits of registration in +he same man- ner. En. March 12, 1872. Am'd. 1873-1, 17; 1877-8, 27; 1880, 79; 1895, 231; 1899, 62. Cal. Rep. Cit. 94, 622; 136, 276; 145, 325. § 1114. Names, manner of arrangement. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 19; 1895, 231. Rep. 1899, 63. § 1115. Clerk to prepare Index. Within five days after the binding of said books, the clerk shall prepare an in- dex of each book, said index to contain the numbers, names, ages, occupations and addresses as they appear in said books, and shall have at least one hundred cop- ies of said index printed. En. March 12, 1872. Am'd. 1873-4, 19; 1875-6, 24; 1895, 231; 1899, 62; 1905, 241. Cal. Rep. Cit. 101, 318; 101, 319; 145, 325. § 1116. Printed copies, how distributed. The clerk must, before the day of election, transmit and cause to be delivered to the board of election in each precinct, one of such books of affidavits of registration for their re- spective precinct, which shall constitute the register to be used at such election; he shall also caiise to be delivered at the same time five copies of the index to said book. En. March 12, 1872. Am'd. 1873-4, 20; 1875-6, 25; 1895, 232; 1899, 62. Cal. Rep. Cit. 101, 319; 145, 325; 145, 343. § 1117. Certified copy prima facie evidence. A certi- fied copy of an uncanceled entry upon the great register is prima facie evidence that the person named in the en- §§ 1118, 1119 REGISTRATION OF ELECTORS. 216 try is an elector of the county. En. March 12, 1872. Am'd. 1873-4, 20. Prima facie evidence defined: Code Civ. Proc, sec. 1833. § 1118. Primary elections. The qualifications and reg- istration of voters at primary elections shall be subject to the same tests and governed by the same lules and regu- lations as are in the constitution and PoMtical Code of this state established and prescribed for other elections; and the same officers who prepare and furnish registers for general elections, as provided for in this code, shall prepare and furnish them for use at primary elections. It shall be the duty of the proper officers to furnish the register, and supplements thereto, for use at primary elec- tions which shall show the names of all voters entitled to vote at such elections; provided, that where a new reg- istration pursuant to law is not completed in point of time sufficient to permit of its use at the next ensuing primary election, then the register used at the last gen- eral election in any county, or city and county, in this state, may be used at any primary election, together with supplemental registers or additions showing all additional registrations, changes and corrections made since the last general registration. En. Stats. 1899, 31. § 1119. Primary elections. All persons entitled to reg- ister or vote at any primary election in any city, county, or city and county, whose names are not upon the register, or who may be entitled to transfer their registration, shall •be entitled to be registered or transferred so as to enable them to vote at such primary election, and for that pur pose it shall be the duty of the officer charged with the registration of voters in each county, or city and county, to keep his office open for at least fifty days prior to the fifteen days immediately preceding such primary election. En. Stats. 1899, 32. Cal. Rep. Cit. 80, 541. 217 ELECTION PRECINCTS. §§ 1127-llJO CHAPTER IV. ELECTION PRECINCTS. § 1127. Supervisors to establish election precincts. § 112S. Boundarie.s must be defined. § 1129. Board may alter, etc., precincts. § 1130. Limitations on powers given herein. § 1131. Board to designate place in precinct for holding election. § 1132. Proceedings where place not designated, etc. § 1127. Supervisors to establish election precincts. The board of supervisors or other board having charge and control of elections in each of the counties, and cities and counties, of this state, shall, as soon before a general election as is convenient, proceed to divide such county or city and county into election precincts, of which there shall be as many as shall be sufficient to make the number of votes polled at any one election precinct to be not more than two hundred, as nearly as can be ascertained. En. March 12, 1872. Am'd. 1887, 234; 1889, 424. Cal. Rep. Cit. 126, 394. § 1128. Boundaries must be defined. In the order establishing precincts, the boundaries thereof must be de- fined. En. March 12, 1872. § 1129. Board may alter, etc., precincts. The board of supervisors or other board having charge and control of elections in each of the counties and cities and coun- ties, of the state, may from time to time change the boundaries of, create new, or consolidate established pre- cincts; provided, that there shall always be as many pre- cincts as shall be sufficient to make the number of votes polled at any one precinct to be not more than two hun- dred as nearly as can be ascertained. En. March 12, 1872. Am'd. 1889, 424. Cal. Rep. Cit. 12G, 396; 126, 397; 133, 345. § 1130. Limitations on powers given herein. The fol- lowing limitations are imposed upon the powers given the supervisors in this chapter: 1. No precinct must be established so as to embrace more than one township, nor in such manner that its ex- terior limits cross the exterior boundaries of any town- ship, incorporated town or city, or any ward, district, or other territorial subdivision for which local officers are to 8 §§ 1131-1132 ELECTION PRECINCTS. 218 be elected, except a school or road district. En. March 12, 1872. Am'd. 1880, 80; 1899, 62. Cal. Rep. Cit. 103, 502. § 1131. Board to designate place in precinct for liold- ing election. 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, at least twenty-five days prior to an election, issue its order appointing boards of election, designating the house or place within the precinct where the election must be held, and the offices to be filed, naming and numbering in nu- merical order, commencing with number one, the offices to be filled, unexpired terms being designated next after the full term; but in no event shall any place be selected for holding an election that is in a saloon or other room or place where vinous, spirituous, or malt liquors are sold or dispensed, nor shall any place be selected for such pur- pose that is connected with a saloon or other room or place where vinous, spirituous, or malt liquors are sold or dispensed by any door, window, or other opening. En. March 12, 1872. Am'd. 1873-4, 21; 1889, 424; 1899, 133. Cal. Rep. Cit. 86, 67. Election proclamations. — Time and place of holding elections are of the substance of the election: Ante, sec. 1053. § 1132. Proceedings wliere place not designated, etc. If the board fail to designate the house or place for hold- ing the election in any precinct, or, if for any reason, it cannot be held at the house or place designated by the board, the justice of the peace residing in the township in which such precinct is situated must, by an order un- der his hand (copies of which he must at once post in three public places in the precinct), designate the house or place, within the precinct. In case of the absence of the justice of the peace, or of his disability or refusal to perform the duties herein imposed, then a majority of the judges and inspectors of election for said precinc' shall designate the place, within the precinct, for holding the election, and post the notices required by this sec- tion; provided, that in cities or cities and counties which are not divided Into townships for judicial purposes, a majority of the justices of the peace residing in 219 , BOARDS OF ELECTION. § 1142 such city or city and county, shall discharge the duties imposed by this section. En. March 12, 1872. Am'd. 1873- 4, 21; 1903, 18. CHAPTER V. BOARDS OF ELECTION. § 1142. Boards of election, how appointed. § 1143. Judges not to be of same political party. § 1144. Proceedings on failure to appoint or attend. § 114ri. Powers of Inspectors. § 1146. Judges and clerks may administer oaths. § 1147. Clerks. (Repealed.) § 1148. Board and clerks to be sworn. § 1149. Board to post copies of precinct register. § 1150. Copies not to be torn or defaced. § 1142. Boards of election, how appointed. When an election 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 oflacers of election board from the registered elec- tors of each precinct whose names appear upon the last assessment roll of the county or city and county 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, and two clerks; the inspectors, judges and clerks 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 general election; the inspectors and judges so appointed shall constitute a board of election for such precinct. And such board of supervisors or other board having charge of elections must publish the names of such electors who constitute the board of elections for each election precinct, in some newspaper published in the county or city and county where the election is to be held for five successive days at least once a week before the day such election is to be held; or in a weekly paper pub- lished in the county, for two successive weeks prior to the election. Such board of election shall canvass the votes for such precinct, and must be present at the clos- ing of the polls. The members of said board shall re- lieve 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 §§ 1143-1146 BOARDS OF ELECTION. 220 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 official capacity in the county, or city and county, in the slate, within ninety days next preced- ing any 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 the English language. Any person acting as a member of any election board, or as a clerk upon such board, who cannot read and write the English language, and any person who re- fuses to act upon such 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 super- visors, shall be guilty of a misdemeanor, and upon con- viction 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 day for each one dollar of said fine. En. March 12, 1872. Am'd. 1873-4, 21; 1889, 425; 1895, 298; 1899, 85; 1903, 133. Cal. Rep. Cit. 86, 65; 86, 66; 86, 67; 86, 68; 86, 69; 116, 290. § 1143. Judges not to be of same political party. The judges appointed must not be members of the same poli- tical party. En. March 12, 1872. § 1144. Proceedings on failure to appoint or attend. If the board of supervisors fail to appoint the board of election, or the members appointed do -not attend at the opening of the polls on the morning of the election, the electors of the precinct present at that hour may ap- point the board, or supply the place of an absent member thereof. En. March 12, 1872. Am'd. 1873-4, 22. § 1145. Powers of inspectors. The inspector 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. En. March 12, 1872. Am'd. 1889, 425. § 1146. Judges and clerks may administer oaths. Any member of the board, or either clerk thereof, may admin- 221 OPENING AND CLOSING OP POLLS. §§ 1147-llCl Ister and certify oaths required to be administered during progress of an election. En. March 12, 1872. § 1147. Clerks. (Repealed.) En. March 12. 1872. Am'd. 1880, 80. Rep. 1889, 425. § 1148. Board and clerks to be sworn. Before opening the polls, each member of the board and each clerk must take and subscribe an oath to faithfully perform the duties imposed upon them by law. Any elector of the township may administer and certify such oath. En. March 12, 1872. § 1149. Board to post copies of precinct register. Be- fore opening polls, the board must post, in some separate, convenient places, easy of access, not less than four printed copies of the precinct registers, as last printed. En. March 12, 1872. Am'd. 1873-4, 22; 1905, 195. § 1150. Copies not to be torn or defaced. The copies so posted must be maintained during the whole time of voting, and must not in any manner be torn or defaced. En. March 12, 1872. CHAPTER VI. OPENING AND CLOSING OP THE POLLS. § 1160. Time oS opening and closing the polls. § 1161. Recess. (Repealed.) § 1162. Ballot-box to be exhibited. § 1163. Proclamation at opening the polls. § 1164. Proclamation at closing the polls. § 1160. Time of opening and closing the polls. The polls must be opened at six o'clock of the morning of the day of election, and must be kept open until five o'clock in the afternoon of the same day, when the polls shall be closed. En. March 12, 1872. Am'd. 1873-4, 22; 1875-6, 25; 1887, 149; 1889, 425; 1899, 134. Cal. Rep. Cit. 52, 73; 52, 621; 108, 111; 121. 480; 135, 454. § 1161. Recess. (Repealed.) En. March 12, 1872. Rep. 1873-4. 23. §§ 1162-1174 POLL LISTS. 222 § 1162. Ballot-box to be exhibited. Before receiving any ballots the board must, in the presence of any per- sons assembled at the polling place, open and exhibit and close the ballot-box; and thereafter it must not be re- moved from the polling place or presence of the bystanders until all the ballots are counted, nor must it be opened until after the polls are finally closed. En, March 12, 1872, Cal. Rep. Cit. 108, 111. § 1163. Proclamation at opening the polls. Before the board receive any ballots, they must cause it to be pro- claimed aloud at the place of election that the polls are open. En. March 12, 1872. § 1164. Proclamation at closing the polls. When the polls are closed, that fact must be proclaimed aloud at the place of election; and after such proclamation, no bal- lots must be received; provided, .that all electors, who are within the election booth and who have not cast their ballot, shall be entitled to receive, mark and deposit their ballot. En. March 12, 1872. Am'd. 1899, 134. CHAPTER VII. POLL LISTS. § 1174. Form of poll and tally lists. § 1175. Want of form not to vitiate. § 1174. Form of poll and tally lists. The following is the form of poll lists and tally lists to be kept by boards and clerks of election. En, March 12, 1872. Am'd, 1873-4, 23. POLL LISTS. Of the election held in the precinct of , In the county of , on the day of , in the year A. D. one thousand eight hundred and , A. B., C. D,, and E. F., judges, and G. H. and J. K.. clerks of said election, were respectively sworn (or affirmed), as the law directs, previous to their entering on the duties of their respective offices. 223 POLL, LISTS. 5 1175 NUMBEE AND NAME OF ELECTOES VOTING. No. Name. No. Name. 1 2 A. B. C. D. 3 4 E. F. G. H. We hereby certify that the numbers of electors voting at this election amounts to . Attest: G. H., A. B., J. K., C. D., Clerks. • E. F., Board of election. TALLY LISTS. Names of persons voted for, and for what office, con- taining the number of votes given for each candidate: Representative in Congress. Members of the Legislature. Governor. Senate. Assembly. We hereby certify that A. B. had votes for gov- ernor, and C. D. had votes for governor; that E. F. had votes for representative in congress, etc. G. H., A. B., J. K., C. D., Clerks. E. F., Board of election. § 1175. Want of form not to vitiate. No list, tally, paper, or certificate returned from any election, must be set aside or rejected for want of form, nor on account of § U85 ELECTION TICKETS AND BALLOTS. 224 its not being strictly in accordance with the directions of this title, if it can be satisfactorily understood. En. March 12, 1872. Cal. Rep. Cit. 77, 182. CHAPTER VIII. ELECTION TICKETS AND BALLOTS. § 1185. Printing of ballots. § 1186. Nomination of candidates. § 1187. Nominations, certifying of. § 11S8. Nominations other than by conventions. § 1189. Certificates of nomination, filing of. § 1190. Nominations, limitation upon. § 1191. Certificates of nomination, preservation of. § 1192. Certificates of nomination, time of filing— Vacancies. § 1193. Certifying names of candidates. § 1194. Nominations sent to county eommlttees— Sample ballots. § 1195. Constitutional amendments, how submitted. § 1196. Providing ballots. I 1197. Ballot law. § 1198. Books and records of ballots. I 1199. Number of ballots § 1200. Error or omission in name of can'didate. I 1201. Delivering ballots. § 1202. Ballot clerks. § 120". Ballot boxes — Booths for voters. § 1204. Manner of voting. § 1205. Idem. § 1206. Occupancy of booths. g 1207. Spoiled or unused ballots. § 1208. Illiterate or helpless voters. § 12119. Removal of slip from ballot. § 1210. Sample ballots. § 1211. Canvassing of votes — Marked or spoiled ballots. § 1212. Time for voting. § 1213. Certificate of nomination, destruction of or false making of. § 1214. Destruction of supplies. § 1213. Disclosing name of candivlate — Electioneering, etc. § 1216. Registrar of voters. § 1185. Printing of ballots. All ballots cast in elections for public officers within this state shall be printed and distributed at public expense, as hereinafter provided. The printing of general tickets and cards of instruction to electors of each county, and the delivery of the same to the election officers, shall be a county charge, the payment of which shall be provided for in the same man- ner as the payment of other county expenses; and the printing and delivering of "municipal tickets," and also in case of separate elections for city, city and county, or town officers, the printing and delivering of cards of instruction, .shall be a charge upon the respective city, city and county, or town in which such "municipal tickets" 225 ELECTION TICKETS AND BALLOTS. § U88 and cards of instruction are to be used, the payment of which shall be provided for in the same manner as the payment of other city, city and county, or town expenses. En. March 12, 1872. Am'd. 1891, 165. Cal. Rep. Cit. 122, 191. § 1186. Nomination of candidates. Any convention as hereinafter defined may make nominations of candidates for public oflace, including electors of president and vice- president of the United States, to be filled by election within the state. A convention within the meaning of this chapter is an organized assemblage of delegates represent- ing a political party or organization. If such convention be assembled to present candidates for public office to be elected within territory or political division in the whole of which the provisions of sections thirteen hun- dred and fifty-seven to thirteen hundred and seventy-five, both inclusive, of this code are mandatory or were in force and effect at. the time of the election of delegates thereto, then and in such event all the delegates acting therein must have been chosen at a primary election held under the provisions of said sections of this code. If such convention be assembled to present candidates for public office to be elected within territory in a portion of which the said sections of this code are mandatory or in force and effect, and in a portion of which said sec- tions are not in force or effect, then and in such event, the 'delegates acting in such convention representing therein territory or a political division where such said sections are in force and effect, must have been chosen at a primary election held under the provisions thereof. If such con- vention be assembled to present candidates for public office to be elected within territory or a political division in no portion of which said sections of this code are man- datory or in force and effect, then and in such event the political party which such organized assemblage of dele- gates represents, must have at the last election before the holding of such convention polled at least three per cent of the entire vote of the state, or of the county, city and county, district or other political division for which nomi- nations are to be made; provided, that in any political division of this state wherein no general election shall have been held after its organization, a convention as last above referred to, of any political party polling at least three per cent of the votes cast in the precincts composing said political division, shall have the same power, and its nominations the same effect, as though Pol. CaJe— 15 § 1187 ELECTION TICKETS AND BALLOTS. 226 such political division had been organized before the next preceding general election. Any convention as here- in defined may, in addition to making nominations of candidates for public office, appoint or elect a governing committee for the political party which the delegates in such convention represent, for the territory which is thus represented, which committee shall serve for the next ensuing two years, and until the next biennial con- vention of the party which it represents has organized, but no longer; provided, that in years when a state con- vention assembles to select delegates to a national con- vention to nominate a candidate for president and for vice-president of the United States, such state convention shall have the power to choose a committee or governing body to represent the party in the territory which such convention represents, which committee or governing body shall hold and exercise its power until the next state convention to nominate a governor and other state officers shall assemble and select its successors. When- ever there shall be in any political subdivision of the state more than one body claiming to represent a certain political party or organization in such territory, if such political party have a state committee, such state com- mittee, or its executive committee, if it have one, and has delegated such power to it, may determine which of such bodies represents such political party in such ter- ritory, and such decision shall be final and all officers shall be bound thereby. The decision shall be in writing, and shall name the chairman and secretary of the political committee for such political subdivision which it recog- nizes, and shall be attested by the secretary of the com- mittee making the decision, and a duplicate must be filed with the election commissioners of such political sub- division or its clerk, secretary, or registrar of voters. En. March 12, 1872. Am'd. 1891, 165; 1899, 58; 1901, 590. Cal. Rep. Cit. 96, 372; 114, 486; 145, 156; 147, 375. § 1187. Nominations, certifying of. All nominations made by any such convention shall be certified as follows: The certificate of nomination must be in writing and shall contain the name of each person nominated, his residence and the office for which he is nominated, and shall desig- nate the party or principal which such convention rep- resents. It shall be signed by the chairman and secretary of such convention, who shall add to their signatures their respective places of residence, and make oath before an officer authorized to administer the same that the matter 227 ELECTION TICKETS AND BALLOTS. 8 1187 stated in such certificate is true to the best of their know]^ edge and belief, and a certificate of the oath shall be an- nexed to the certificate of nomination. The nominees may all be nominated by one certificate or by separate cer- tificates, and where nominees of a district, or supervis- oral convention are reported to a state or local conven- tion in which the delegates to such district or supervis- oral conventions form a portion of the delegates com- posing such state or local convention, all such nominees may be included in one certificate of uomiation with the nominees of such state or local convention, it being specified for what districts such district nominations are made, and all such nominations may be certified as above by the chairman and secretary of the state or local convention. If the chairman and secretary of any con- vention shall not deposit with the secretary of the politi- cal party committee representing the party in the terri- tory for which such convention was held, the proper cer- tificate or certificates of nomination of the nominees of such convention verified as herein required in due form for filing, on or before the fifth day preceding the latest day provided by law for filing such certificate or certificates of nomination, then such certificate or certificates of nom- ination may be made and verified by the chairman and sec- retary of the political party which such convention repre- sented, acting in and for the territory which such con- vention represented, in the manner and form hereinbefore provided, and upon an indorsement being made upon such certificate or certificates of nomination last mentioned by the secretary of such committee, to the effect that the chairman and secretary of the proper convention did not deposit with said secretary a certificate or certificates of nomination as required by this section, the secretary of state, clerk, registrar of voters, or proper officer with whom such certificate or certificates are required by law to be filed, must receive and file such certificate or cer- tificates so made by the chairman and secretary of such committee, and the same shall have the *same force and effect as if made by the chairman and secretary of such convention; provided, such chairman and secretary may themselves file or cause to be filed such certificate within the time allowed by law; and the same, when so filed, if legal in form and substance, shall be the only lawful cer- tificate of such nominations made by such convention. The verified certificate of nominations made by a state § 1187 ELECTION TICKETS AND BALLOTS. SM convention and the districts thereof, when made pursuant to this section by such officers of such respective political committees, shall be in form substantially as follows: If a statement of the nominations made by a state con- vention 3nd the district conventions thereof: To the Secretary of State (or other proper officer) : The undersigned, the chairman and secretary, respec- tively, of the (giving the party designation) state commit- tee of California, hereby certify that at a meeting of the (giving the party designation) state convention, held at the city of on the days of , nineteen hundred and , the following nominations of candi- dates for public offices to be voted for at the next ensuing general election were duly and regularly made by said state convention and the district convention thereof: Office. Name of Nominee. Residence. For Governor. (Etc.) For members of the House of Representa- tives — First District (Etc.) For Members of State Board of Equaliza- tion — First District. (Etc.) For Railroad Commis- sioners — First District. (Etc.) For Members of State Senate — Second District. Fourth District. (Etc.) 229 ELECTION TICKETS AND BALLOTS. § 11S7 Ortice. Name of Nominee. Residence. For Members of State Assembly — First District. Second District. Chairman (insert name of party) State Committee of California. Secretary (insert name of party) State Committee of California. Subscribed and sworn to before me this day of , nineteen hundred and . (Seal.) , Notary Public. If a statement of the nominations made by a county con- vention and the district conventions thereof: To the Secretary of State: (or) To the County Clerk (or other proper officer) of : The undersigned, the chairman and secretary, respec- tively, of the (insert name of party) county committee of the county (or city and county) of hereby certify that at a meeting of the (insert name of party) county con- vention of said county (or city and county) held on the days of , nineteen hundred and , the following nominations of candidates for public offices to be voted for at the next ensuing general election therein were duly and regularly made by said county convention and the district conventions thereof: Office. Name of Nominee. Residence. Chairman (insert name of party) County Committee of Secretary (insert name of party) County Committee of Subscribed and sworn to before me this day of , nineteen hundred and , (Seal.) Notary Public. § 1188 ELECTION TICKETS AND BALLOTS. V81 If a statement of the nominations made by a local (or municipal) convention and the district conventions thereof: To the County Clerk (or other proper officer) of : The undersigned, the chairman and secretary, respec- tively, of the (insert name of party, county or local) com- mittee of the (city and county, city or town) of hereby certify that at a meeting of the (insert name of party, local or municipal) convention of said (city and county, city or town), held on the days of , nineteen hundred and , the following nominations of candidates for public offices to be voted for at the next ensuing local (or municipal) election held therein, were duly and regularly made by said local (or municipal) con- vention and the district conventions thereof: Office Name of Nominee. Residence Chairman (insert name of party, county or local) Committee of Secretary (insert name of party, county or local) Committee of .Subscribed and sworn to before me this day of , nineteen hundred and . (Seal.) Notary Public. If the certificates of nomination are made by the chair- man and secretary of any such convention they shall be in substantially the same form as the foregoing, signed and verified by the chairman and secretary of the convention instead of such officers of such political committees. En. March 12, 1872. Am'd. x6dl, 166; 1901, 591. Cal. Rep. Cit. 96, 372; 114, 486. § 1188. Nominations other than by conventions. A can- didate for public office may be nominated, otherwise than by a convention, in the manner following: A certificate of nomination containing the name of the candidate to be nominated, with the other information required to be given In the certificates provided for in section eleven hundred and eighty-seven of this code, shall be signed by electors 231 ELECTION TICKETS AND BALLOTS. S 1189 residing within the district, or political division for which candidates are to be presented, equal in number to at least three per cent of the entire vote cast at the last preceding election in the state, district, or political division for which the nomination is to be made. Said petitioners may also designate any number of persons, not less than seven nor more than twenty-five, each and all of whom shall be signers to said petition to constitute a committee representing the signers of said certificate, collectively, as a political party by any name selected and adopted by them in said certificate of nomination; provided, said name is not the same or so similar to that of any existing party as to mislead voters. The said committee so desig- nated shall constitute the governing body or committee of said party. Said signatures need not be appended to one paper, but each signer shall add to his signature his place of residence, giving street and number, where such desig- nation by street and number can be given. One of the signers of each such paper shall swear that the statements therein made are true, and that each signature to such paper appended is the genuine signature of the person whose name purports to be thereto subscribed. Any per- son signing to such certificate of nomination any name but his own, or any person making a false oath to such certificate of nomination, shall be punished by imprison- ment in the state prison not exceeding five years. No voter who votes at any primary election of delegates to any convention shall sign any petition in favor of recommend- ing for nomination any person as an independent candidate for any office for which candidates are to bS or shall have been nominated at such convention. The clerk or officer with whom any petition of any Independent candidate is filed, is authorized and directed to strike out or disregard the name or names of any electors, who, upon examination of the voting register, or otherwise, may be found to have signed such petition in violation of the provisions herein. En. March 12, 1872. Am'd. 1891, 166; 1893, 303; 1899, 32; 1901, 594. Cal. Rep. Cit. 129, 328; 131, 267. § 1189. Certificates of nomination, filing of. Certificates of nomination shall be filed with the secretary of state for the nomination of candidates for offices to be filled by the electors of the entire state, or for members of the state §§ 1190, 1191 ELECTION TICKETS AND BALLOTS. 'iki board of equalization, state board of railroad commission- ers, or bouse of representatives. Certificates of nomina- tion shall be filed with the clerk or secretary of the legislative body of any incorporated city or town for the nomination of any candidate for an office under the gov- ernment of any city or town, to be filled by the electors of such city or town. For all other nominations to public offices, certificates of nomination shall be filed with the clerks of the respective counties wherein the offices are to be filled by the electors; and where the district or political division embraces more than one county, such certificate must be filed with the clerk of the county in which the candidate resides; and the name of each such candidate, as specified in the certificate of nomination, shall be cer- tified by said county clerk to the county clerks of the other counties within the district or political division not less than fifteen days before the day of election. En. March 12, 1872. Am'd. 1891, 167. Cal. Rep. Cit. 137. 480. § 1190. Nominations, limitation upon. No certificate of nomination shall contain the name of more than one can- didate for each office to be filled. No person shall join In nominating, under the provisions of this code, more than one nominee for each office to be filled; and no person who has voted in a convention for or against a candidate for any office shall poin in nominating, in any manner, any other nominee for that office, and no person shall accept a nomination to more than one office. En. March 12, 1872. Am'd. 1885, 114; 1891, 167. § 1191, Certificates of nomination, preservation of. The secretary of state shall preserve in his office for the period of two years all certificates of nomination filed therein under the provisions of this code; and each county clerk shall preserve in his office for a like period all cer- tificates of nomination filed therein under the provisions of this code; and each clerk or secretary of the legislative body of any incorporated city or town shall, for a like period, preserve in his office all certificates of nomination filed therein under the provisions of this code. En. March 12, 1872. Am'd. 1873-4, 24; 1889, 210; 1891, 167. Cal, Rep. Cit, 46, 404; 46, 405; 67, 498; 92, 136; 92, 137. 233 ELECTION TICKETS AND BALLOTS, S 1192 § 1192. Certificate of nomination, time of filing — Va- cancies. Certificates of nomination required to be filed with the secretary of state shall be filed not more than sixty days and not less than forty days before the day fixed by law for the election of the persons in nomination, when the nomination is made by a convention, and not more than sixty days and not less than thirty days before the day of election, when the nomination is made by electors, as provided in section one thousand one hundred and eighty-eight of this code. Certificates of nomination re- quired to be filed with the county clerks, or with the clerk or secretary of the legislative body of any city or town, shall be filed not more than fifty nor less than thirty days before the day of election, when the nomina- tion is made by a convention, and not more than fifty days nor less than twenty days before the day of election, when the nomination is made by electors. The county clerk of the county wherein certificates of nomination for sen- ators and members of the assembly and judges of the superior court are required to be filed, must, within five days after the filing of such certificates, make out a copy of such certificate of nomination, certify the same under his oflficial seal, and forward such copy or copies to the Secretary of State. Should a vacancy in the list of nomi- nees of a convention occur, such vacancy may be filled by the convention; or if it has delegated to a committee the power to fill vacancies, such committee may, upon the occurring of such vacancy, proceed to fill the same; pro- vided, that no nomination shall be made or certified at a period before the day of election less than the minimum" number of days provided for filing certificates of nomina- tion made under this code. The chairman and secretary of the convention, or of such committee, shall thereupon make and file with the proper ofiicer a certificate setting forth the cause of the vacancy, the name of the person nominated, the office for which he was nominated, the name of the person for whom the new nominee is to be substituted, the fact that the committee was authorized to fill vacancies, and such further information as is re- quired to be given in an original certificate of nomination. The county clerk of the county wherein such certificate to fill a vacancy in the list of nominees of a convention for senators, or members of the assembly, or judges of § U93 ELECTION TICKETS AND BALLOTS. 234 the superior court, must, within five days after the filing of such certificate, make out a copy of such certificate, certify the same under his official seal, and forward such copy or copies to the Secretary of State. When a certificate to fill any vacancy shall be filed with the Secretary of State, he shall, in certifying the nomination of the various county clerks, insert the name of the person who has been thus nominated to fill a va- cancy in the place of that of the original nominee. Any person whose name has been presented as a candidate may, at least five days before the making of the publica- tion of the nominations prescribed in this section, cause his name to be withdrawn from nomination, by filing in the oflBce where the original certificate of nomination was filed his request therefor, in writing, signed by him and acknowledged before the county clerk of the county in which he resides; and no name so withdrawn shall be printed on the ballot. Whenever any certificate of nomi- nation is presented for filing to any officer authorized to file the same, such officer shall forthwith, upon receipt of the same and before filing, examine the same, and if there is any defect, omission, or reason why the same should not be filed, such officer shall then and there forth- with designate, in writing, the defect, omission, or reason why such certificate cannot be filed, and return the saia certificate to the person presenting the same, with such written designation of defect, omission, or reason for not filing the same; and after the filing of any certificate of nomination, no officer required by law to transmit any nomination, or to make up or print any ballot, shall fail or omit to transmit such nomination, or omit to print the name of any nominee or candidate named in any certificate of nomination which has been filed; and unless a certifi- cate of nomination is returned as herein required, the of- ficer to whom the same is properly presented shall file the same as soon as he shall receive and examine the same as herein required, and must file it as of the day it is presented. En. March 12, 1872. Am'd. 1891, 167; 1895, 299; 1901. COl. Cal. Rep. Cit 114, 483; 137, 480. § 1193. Certifying names of candidates. Not less than twenty-five days before an election to fill any public office, the secretary of state shall certify to the county clerk of each county within which any of the electors may by law vote for candidates for such office, the names of each 235 ELECTION TICKETS AND BALLOTS. § 1194 person nominated for such office, as specified in the certifi- cate of nomination filed with the secretary of state. En. March 12, 1872. Am'd. 1891, 168. Cal. Rep. Cit. 145, 156. § 1194. Nominations sent to county committees — Sam- ple ballots. At least fifteen days before an election to fill any public office, the county clerk of each county shall cause to be sent to the chairman of the county committee of each organized political party of each county the nomi- nations to office certified to him by the secretary of state, and also all those filed with the county clerk. In all counties where a new registration shall take place pre- ceding the next ensuing election, the county clerk shall cause the name of each voter, as enrolled, to be addressed upon an envelope, and also the number of the residence of said voter, or the correct postoffice address of -said voter, as the same is written on said register, and which name and address shall be written on the envelope at the time that each voter is duly registered thereon. All of said envelopes shall be securely kept by the said county clerk, and, ten days before election to fill any public office, he shall cause to be folded and placed in said envelope, for mailing, sample ballots containing the nominations to office certified to him by the secretary of state, and also all those filed with the county clerk, each of which shall be enclosed in said envelope, and cause the same to be mailed in the United States postoffice as printed mat- ter, for delivery to each of said voters. The mailing of all of said envelopes containing sample ballots, as afore- said, shall commence at least ten days before the time of election to fill any public office, as aforesaid, and con- tinue so that all of said envelopes containing said sample ballots shall have been mailed at least three whole days before the day of election to fill any public office, as above provided. If a new registration does not take place in any county preceding the next ensuing election, the county clerk shall cause envelopes to be addressed to each voter, together with the number of the residence of said voter, or correct postoffice address, as the same appears upon the register corrected at that time, as the law proYides, and cause to be enclosed therein the nomina- tions to office certified to him, as aforesaid, and cause the same to be mailed in the manner and within the time as above provided. The clerk or the secretary of the legis- lative body of any incorporated city or town with whom Pol. Cade— 15 §§ 1195, 1196 ELECTION TICKETS AND BALLOTS. 2S5 the names of any candidates have been filed shall mail, in the United States postoffice, envelopes addressed to each voter, together with the sample ballots enclosed therein, the list of nominations filed with him, in the same manner as the lists of nominations mailed by the county clerk, as provided in this section. En. March 12, 1872. Am'd. 1891, 168; 1893, 304. Cal. Rep. Cit. 103, 539. § 1195. Constitutional amendments, how submitted. Whenever the legislature shall propose any amendment to the constitution of this state, which amendment shall have been passed in the manner required by section one of article eighteen of the constitution, or whenever said legislature shall submit any proposition to a vote of the qualified electors of the state, the secretary of state shall duly, and not less than twenty-five days before election, certify the same to the clerk of each county of the state; shall cause to be printed at the state printing office, in convenient form, one and one-half times as many copies of such amendment or proposition as there are registered voters in the state, and at least thirty days before any election at which such amendment or proposition is to be voted on, shall furnish each county clerk in the state with one and one-half times as many such copies 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 said constitutional amendment or other proposi- tion at the same time, and in the same manner, and in the same envelope provided for in section one thousand one hundred and ninety-four of this code, and no other publica- tion thereof shall be necessary or authorized. En. March 12, 1872. Am'd. 1891, 169; 1899, 27. Cal. Rep. Cit. 130, 92; 130, 93. There was also passed at the same session and on the same day an act to provide for the submission of constitu- tional amendments to the electors: See Stats. 1899, p. 24. This act was declared unconstitutional in so far as it purported to enact a new section. People v. Curry, 130 Cal. 82. § 1196. Providing ballots. Except as in this code other- wise 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. 237 E' ECTION TICKETS AND BALLOTS. § 1198 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 ever.v candidate whose name has been certified to or filed with the county clerk, in the manner provided for in this code. 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 provisions of this code, shall not be cast nor counted at any election. It shall be the duty of the county clerk of any consolidated city and county to pro- vide separate ballots for every election for city and county officers in which the electors, or any of the electors, of such city or county participate, and to cause to be printed in 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 in this code, It shall be the duty of the clerk or secretary of the legis- lative 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 provided for in this code. All ballots shall be of the necessary size and shape to contain in parallel columns the names of all the candidates nominated by each of the several political parties or independent bodies, together with the necessary blank column hereinafter provided for, and shall be printed on tinted paper furnished by the sec- retary 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 legislative body of any incorporated city or town, upon payment by them of the cost of such paper. Such paper shall be watermarked 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 from all persons not engaged in the prep- aration, 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 pre- vious election may be used. Nothing in this code con- § U97 ELECTION TICKETS AND BALLOTS. 238 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. En. March 12, 1872. Am'd. 1891, 169; 1899, 134. Number of ballots: See post, sec. 1199. § 1197. Ballot law. 1. There shall be provided at each polling place, at each election at which public officers are /oted 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 with- drawn, as provided in this code, together with the title of the office, arranged in tickets under the titles of the re- spective political parties as certified in the certificates of nomination. The arrangement of the ballot shall, in gen- eral, conform as nearly as practicable to the plan herein- after given. 2. The list of candidates of the several parties shall be printed in parallel columns, each column to be headed by the party name, in such order as the secretary of state may direct, precedence, however, being given to the party which polled the highest number of votes for gov- ernor at the last preceding general election for such officer, and so on. The number of such columns shall exceed by one the number of separate tickets of candidates to be voted for at the polling place for which the ballot is pro- vided, except as otherwise provided in this section. The party name shall be printed in display, the name or desig- nation of the office in brevier lower case, and the name of the candidate therefor in brevier capital type. The title of the office, together with the name of the candidate therefor, shall be printed in a space one-half inch in depth, and at least two inches in width, defined by light, horizon- tal ruled lines, with a blank space on the right thereof one-half of an inch wide, inclosed by heavier dark lines, which space (called the voting square), shall be of the same depth as the space containing the title of the office and the name of the candidate; provided, however, that when two or more persons are voted for, for offices hav- ing the same title, for the same term, on the same party ticket, as, for instance, presidential electors, the title ot the office shall be printed in each space, with the name of each candidate for such office, and after such title there shall be stated the number of persons to be voted for 239 ELECTION TICKETS AND BALLOTS. S IW for such oflBces by words in parenthesis in nonpareil type, thus: (vote for two), giving the correct number to be voted for, as the case may be. 3. On the right of each ballot shall be a column in which shall be printed in spaces as above provided, only the titles of the oflBces for which candidates may be voted for by the electors at the polling places for which such ballot is printed. Such column is designated as the "blank col- umn," and in such column the voting squares shall be omitted, but in all other respects such blank column shall conform to the political party columns on such ballot. In the space of such column above the heavy ruled line at the top thereof shall be printed in eighteen-point gothlc capitals the words "blank column," and below such words shall be printed in brevier capital type the following: "The elector may write in the column below, under tbe title of the oflElce, the name of any person whose name is not printed upon the ballot, for whom he desires to vote. Do not use a voting stamp, or make any cross in this column." The heading of each party or independent ticket shall be separated from the rest of the ticket by a heavy printed line. 4. Immediately under the heading of each party or in- dependent ticket and above the heavy printed line shall be inserted a printed circle at least three-fourths of an inch in diameter, and of uniform size and appearance for all tickets, which shall be called the party voting circle, in which circle a stamp may be made by those who wish to vote for such party ticket. Opposite such circle and In the same space shall be printed the following words in lower case brevier type: "To vote a straight ticket stamp a cross (X) within this circle." The space occupied by such circle and words shall not exceed two inches in length. 5. In the case of nominations provided for in section eleven hundred and eighty-eight, herein referred to as independent tickets, the ballot shall be so arranged that at the right of the last column for nominations made pur- suant to section eleven hundred and eighty-seven the sev- eral tickets of the names of the candidates nominated under section eleven hundred and eighty-eight shall be printed in one or more columns according to the space required having above each of the tickets the political or other name selected to designate such independent nomi- nations and a circle as aforesaid to provide the party voting § 1197 ELECTION TICKETS AND BALLOTS. Z40 circle for such independent nominations. The independent ticl<:ets occupying the same column shall be separated from each other by a solid black line one-eighth of an inch wide. At the top of such column, or columns, for inde- pendent nominations, shall be printed in type known as eighteen-point gothic capitals, the words "Independent Nominations." The independent nominations shall be placed in said column in sequence, preference being given to the office of the head of the ticket and so on; one col- umn must be filled before another is provided. 6. Each column upon the ballot must be bordered on either side by a broad solid printed line one-eighth of an inch wide, and the edge of the ballot on the left-hand side shall be trimmed off up to the border or solid line described, and on the right-hand side shall be perforated along the border or solid line above described. The ballot shall be so printed as to give each voter a clear oppor- tunity to designate, by stamping a cross (X) in a blank inclosed space, heretofore designated as the voting square, on the right of and after the name of each candidate whose name is printed on the ballot, his choice of particular can- didates. The ballot shall be printed on the same leaf with a stub and separated therefrom by a perforated line across the top of the ballot. On each ballot a perforated line shall extend from top to bottom, along the border or solid line hereinbefore described, one-half inch from the right-hand side of such ballot, and upon the half-inch strip thus formed there shall be no printing except the number of the ballot, which shall be upon the back of each strip, in such position that it shall appear on the ouside when the ballot is folded. The number on each ballot shall be the same as that on the corresponding stub, and the ballots and stubs shall be numbered consecutively in each county. All ballots printed by county clerks or registrars of voters other than the separate ballots containing the names only of candidates for city and county offices, printed by the county clerks, or registrars of voters of consolidated cities and counties, shall have printed on the back, below the stub, and immediately at the left of the center of the ballot, in eighteen-point gothic capitals, the words "General Ticket," and, underneath, the respective number of congressional, senatorial, and assembly districts in which each ballot Is to be voted, and all ballots printed by county clerks or registrars of voters of consolidated cities and counties containing the names of candidates for city and county officers, and also all the ballots printed by the clerk, regis- trar of voters, or secretary of a legislative body of any 241 ELECTION TICKETS AND BALLOTS. g 1197 incorporated city or town, shall have printed in the same manner, on the back, the words "Municipal Ticlcet." All municipal tickets shall be printed on paper of a different- tint from that of the general ticket. On the top of the face of the ballot the following directions shall be printed: INSTRUCTIONS TO VOTERS: To vote a straight ticket, stamp a cross (X) within the circle under the party heading. To vote a split ticket, that is, for candidates of different parties, stamp a cross (X) in the voting circle at the head of your party ticket, and a cross (X) after each candidate, not on your party ticket, for whom you desire to vote, or stamp a cross (X) for each individual candidate for whom you desire to vote, and DO NOT STAMP your party voting circle. Where two or more candidates for the same office are to be elected and you desire to vote for candidates for that office who are on your party ticket, and also tor candi- dates for that office who are not on such ticket, stamp a cross (X) after the names of all the candidates for that office for whom you desire to vote, whether they be on your party ticket or not. Where a party has made no nomination for an office, the space for tliat office in the party column is omitted on this ballot. If a party ticket does not contain the names of candidates for all offices for which the voter may vote, he may, if he vote the straight ticket of such party, vote for candidates for such offices so omitted by stamping a cross (X) in the voting square opposite the names of the candidates for such offices on any other ticket, or by writing the names, it they are not printed upon the ballot, in the blank column under the title of the office. To vote for a person not on the ballot, write the name of such person, under the title of the office, in the blank column, and do not stamp a cross (X) after the name written in the blank column. ALL MARKS EXCEPT THE CROSS (X) ARE FORBID- DEN ALL DISTINGUISHING MARKS OR ERASURES ARE FORBIDDEN AND MAKE THE BALLOT VOID. If you WRONGLY STAMP, TEAR or DEFACE THIS BALLOT, return it to the inspector of election and obtain another. The caption "Instructions to Voters" shall be printed as a side heading in forty-point gothic condensed capital Pol. Code— 16 § 1197 ELECTION TICKETS AND BALIiOTS. Z42 type, and the body of the instructions shall be printed in ten-point lower case gothic, except that the words printed in capital letters in the foregoing instructions shall be printed in capital letters on the ballot. 7. All of the ballots of the same sort prepared by any county clerk or registrar of voters, or clerk or secretary of a legislative body, or other person having charge of the preparing of such ballots, for the same polling place, shall be precisely the same size, arrangement, quality, and tint of paper, and kind of type, and shall be printed with black ink of the same tint, so that without the numbers on the stubs it shall be impossible to distinguish anyone of the ballots from the other ballots of the same sort; and the names of all candidates printed upon the ballot shall be in type of the same size and character, 8. If two or more oflBicers are to be elected for the same office for different terms, the terms for which each candi- date for such office is nominated shall be printed on the ballot as a part of the title of the office. If, at a general election, an officer is to be elected for a full term, and an- other to fill a vacancy, the term for which each such can- didate is nominated shall be printed as a part of the title of the office, and the name of the candidate to fill such vacancy shall be placed immediately following that of the candidate for the full term. When no nomination has been made by a political party, as provided by law, for an office to be filled at the election, the title of such office shall not be printed in the party column, and no voting space or square shall be provided in such column for such office. If any ticket or list of candidates contains more candidates for any office than there are persons to be elected to such office, it shall be deemed that no nomination has been made for such office. 9. Whenever any proposition or constitutional amend- ment is to be submitted to the vote of the people, there shall be printed at the right of the blank column, another column, or columns with voting squares, in which such proposition, or constitutional amendment, shall be desig- tiated, and opposite such proposition, or constitutional amendment, to be voted on, in separate lines, the words "yes," and "no" shall be printed. If an elector shall have .stamped a cross (X) in the voting square after the printed word "yes," his vote shall be counted in favor of the adoption of the proposition or constitutional amendment; 243 ELECTION TICKETS AND BALLOTS. S IW^ if he shall have stamped a cross (X) after the printed word "no," his vote shall be counted against the adoption of the same. The ballot shall be printed in accordance with the following form: [Indorsement on back of ballot.] GENERAL TICKET. SEVENTH CONGRESSIONAL DISTRICT. THIRTY-EIGHTH SENATORIAL DISTRICT, SEVENTY-SECOND ASSEMBLY DISTRICT. ill98 ELECTION TICKETS AND BALLOTS, 244 ill \i it » on m Iniff! liill sijiiii ^ 1 ni! J I Jlili !0 iO !0 U.i'i I |] I |i j ill i^i r ! i I ' ' ' •; :' i' ' : :j j s ! Ijlj d ll'l! !l }i !i'J y i !i I'l 1< ij ,« .1 i !iN:iiNi: Hill i^ IT' H '^llm WmA. us Pill iiiii 111 h i I llsij I! ci^liJ-'i ,'J .'J iJ I En. March 12. 1872. Am'd. 1873-4, 73; 1891, 170; 1893, 305; 1899, 135; 1903, 144. Cal. Rep. Cit. 58, 526; 96, 372; 96, 376; 108, 109; 114, 309; 130, 92; 136, 267; 137, 480. Voting straight tickets: This section as it originally was passed in 1891 (Stats. 1891, p. 170) provided for the voting of straight ticliets. Freedom from mark or device: See post, sec. 1207. § 1198. Books and records of ballots. All ballots, when printed, shall be bound in stub books of one hundred bal- lots each. A record of the number of ballots printed by 245 ELECTION TICKETS AND BALLOTS. §§ 1199-1201 them shall be kept by the respective county clerks, and by the clerk or secretary of the legislative body of each incorporated city or town. En. March 12, 1872. Am'd. 1873-4, 26; 1891, 172. § 1199. Number of ballots. The county clerk of each county shall provide for each election precinct in the county, not less than one hundred general tickets for every fifty or fraction of fifty electors registered in the election precinct; 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 an election, immedlat'ely 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 writ- ing, as to the number of ballots so destroyed. En. March 12, 1872. Am'd. 1891, 172; 1895, 300. § 1200. Error or omission in name of candidate. When- ever it shall appear by affidavit that an error or omission has occurred in the publication of the name or description of the candidates nominated for office, or in the printing of the ballots, the superior court of the county, or the judge thereof, shall, upon application by any elector, by order, require the county clerk to correct such error, or to show cause why such error shouW not be corrected. En. March 12, 1872. Am'd. 1891. 172. § 1201. Delivering ballots. Before the opening of the polls at any election within any county, the county clerk of the county shall cause to be delivered to the boards of election of each election precinct which is within the county, and in which the election is to be held, at the polling place of the election precinct, the proper number of general tickets of the kind to be used in the election pre- cinct, in sealed packages, with marks on the outside clearly designating the precinct or polling place for which they are intended, and the number of ballots inclosed, and in case of a consolidated city and county, also a like number g 1202 ELECTION TICKETS AND BALLOTS. 5548 of municipal tickets; and the clerk or secretary of any incorporated city or town shall in like manner cause to be delivered the proper number of municipal tickets. The county clerk, clerk, or secretary shall prepare a receipt tor each polling place, enumerating the packages, and stating the time and day and date when the same were delivered by him to the inspectors of election. The in- spectors of election shall sign said receipt upon receipt of the packages, which shall forthwith be returned and filed. The county clerk, clerk, and secretary, respectively, shall have authority to employ such messengers as may be necessary to insure the safe and expeditious delivery of the ballots to the inspectors or judges of election, as pro- vided in this code, and the board of supervisors, or other board or body having the control of elections, shall allow such messengers a reasonable compensation for their ser- vices, to be paid as other election expenses are paid. In case of the prevention of an election in any precinct by the loss or the destruction of the ballots intended for that precinct, the inspector, or other election officer for that precinct, shall make an affidavit setting forth the fact, swear to the same before an officer authorized to ad- minister oaths, and transmit it to the governor of this state. Upon receipt of such affidavit, the governor may order a new election in such precinct, and upon the appli- cation of any candidate for any office to be voted for by the electors of such precinct, the governor shall order a new election in such precinct. En. March 12, 1872. Am'd. 1891, 172. § 1202. Ballot clerks. At the same time and in the same manner as inspectors and judges of election are now appointed in this state, two ballot clerks for each election precinct in the state shall be appointed, whose duty it shall be to have charge of the ballots on the day of election, and to furnish them to the voters in the manner herein- after provided. Such ballot clerks shall be electors of the precinct from which they are appointed, and shall be paid the same compensation as inspectors of election. In making appointments of such ballot clerks, one of them shall be taken from the political party that polled the largest number of votes at the last preceding general election, and the other from the party that polled the next largest number of votes at such general election. They shall act as additional clerks of election when the polls are closed, and they shall serve until the votes are counted and the returns are signed; provided, that whenever a 247 ELECTION TICKETS AND BALLOTS. § 1203 general and municipal election shall be held at the same time, there shall be appointed one additional inspector, one additional judge, and two additional clerks in the manner now provided by law. En. March 12, 1872. Am'd. 1891, 173; 1893, 303. § 1203. Ballot boxes — Booths for voters. All officers upon whom is imposed by law of the state the duty of designating polling places, shall cause such polling places to be suitably provided with a ballot box, to be marked on the outside "General Tickets," and when any city, city and county, or town officers are to be elected, a sec- ond ballot box, to be marked on the outside "Municipal Tickets"; and shall also provide a sufficient number of places, booths, or compartments, at or in which voters may conveniently mark their ballots, so that in the mark- ing thereof they may be screened from the observation of others; and a guard-rail shall be so constructed and placed that only such persons as are inside said rail can approach within six feet of the ballot boxes, and of such booths or compartments. The arrangements shall be such that neither the ballot boxes nor the box booths or compart- ments shall be hidden from the view of those just outside the said guard-rail. The number of such voting booths or compartments shall not be less than one for every forty electors qualified to vote in the precinct. No person other than electors engaged in receiving, preparing, or deposit- ing their ballots shall be permitted to be within said rail before the closing of the pons, except by authority of the board of election, and then only for the purpose of keep- ing order and enforcing the law. Each of said voting booths or compartments shall be kept provided with proper supplies and conveniences for marking the ballots. And the election officers shall especially see that the stamps and ink pads required are at all times in such booths and in condition for proper use; and all officers upon whom is imposed by the law the duty of designating polling places, shall supply each polling place with sev- eral stamps and several ink pads for each booth, and such stamps shall be so made that a cross (X) may be made with either end of such stamp, and the same must be so constructed that the portion with which such cross (X) is to be made shall not be fastened on by any glue or like substance which may loosen when wet, but the said stamp shall be one solid piece. En. March 12, 1872. Am'd. 1891 173; 1893, 3u6; 1895, 301. Cal. ilep. Cit. 136, 399. §§ 1204, 1205 ELECTION TICKETS AND BALLOTS. i*i § 1204. Manner of voting. Any person desiring to vote shall write his name 9,nd address (or if he be unable to write, shall have the same written for him) on a roster of voters provided for that purpose and announce the same to one of the ballot clerks who shall then in an audible tone of voice announce the same and if the other ballot clerk finds the name on the register, he shall in like man- ner repeat the name and address, whereupon a challenge may be interposed as provided in section 1230 of this code. 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 ballot clerk, in the presence and view of the bystanders, to compare the signature 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 challenged. If the challenges be overruled, the ballot clerk shall give the voter a ticket and the clerk shall write on the register opposite the name of the voter the number of the general ticket given him and also the num- ber 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 enclosed by the guard- rail as above provided. The ballot clerk shall give him but one general ticket, and where any city, city and county or town officers are to be elected also one munici- pal 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 ballot clerk, 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. En. March 12, 1872. Am'd. 1889, 425; 1891, 174; 1895, 301; 1899, 62; 1905, 213. Cal. Rep. Cit. 83, 75; 91, 532; 136, 400. § 1205. Idem. On receiving his ballot, the elector shall forthwith, and without leaving the inclosed space, retire alone to one of the places, booths or compartments pro- vided, to prepare his ballot. If he intends to vote a straight party or independent ticket he shall stamp a cross (X) in the party voting circle at the head of such party or independent ticket, and such stamp shall be deemed to 249 ELECTION TICKETS AND BALLOTS. S 1^5 be a vote for each candidate named on such party or in- dependent ticlcet. If he intends to vote for some candi- dates, only, on one ticliet, or for candidates on different tickets, he shall stamp a cross (X) in the voting square after the name of every candidate 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 on the ballot by writing a name for such office in the "blank column," in which latter case the vote of such voter for that office shall be counted for the person whose name is so written. Where a party ticket does not contain the names of candidates for all offices for which the voter may vote, he may vote a straight ticket of such party, vote for candidates for such offices so omitted by stamping a cross (X) in the voting square opposite the names of the candidates for such offices on any other ticket, or by writing the names, if they are not printed upon the ballot, in the blank column under the title of the office. Where two or more candidates for the same office are to be elected and the voter desires to vote for candidates for that office who are on the voter's party ticket and also for candidates for that office who are not on such ticket, he must stamp a cross (X) after the names of all the candidates for that office for whom the voter desires to vote whether they be on his party ticket or not. Without stamping a cross (X) in the party voting circle, a voter may vote a straight party ticket by stamping a cross in the voting square opposite each name in the party column. In case of a constitutional amendment, or other proposition submitted to a vote of the people, he shall mark his ballot by stamping in the appropriate voting square a cross (X) opposite the answer he desires to give. All crosses shall be made only with a stamp, which with necessary pads and ink, shall be provided by the officers who by this code are required to furnish election supplies for each booth or compartment provided for the marking and preparation of ballots. Before leaving such booth or compartment the elector shall fold his ballot in such a manner that the number of the ballot and the indorse- ment on the back shall appear on the outside thereof, without displaying the marks on the face thereof, and shall keep it folded until he has voted. Having folded his ballot, the voter shall deliver it folded to the inspector §§ 1206, 1207 ELECTION TICKETS AND BALLOTS. 260 who shall announce in an audible tone of voice the name of the voter and the number of his ballot. The ballot clerk having the register in charge, if he finds the number to correspond with the number marked opposite the voter's name on the register, shall, in like manner, repeat the name and number, and shall write opposite the name the word "voted." The inspector shall then separate the slip containing the number from the ballot, and snail deposit the ballot in the box. The numbers of all ballots shall be immediately destroyed. En. March 12, 1872. Am'd. 1891, 174; 1893, 306; 1899, 139; 1903, 148. Cal. Rep. Cit. 96, 372; 108, 109; 136, 400; 138, 22; 145. 333. § 1206. Occupancy of booths. Not more than one per- son shall be permitted to occupy any one booth ai one time, and no person shall remain in or occupy a booth longer than necessary to prepare his ballot, and in no event longer than ten minutes. En. March 12, 1872. Am'd. 1891, 175. Cal. Rep. Cit. 91, 530. § 1207. Spoiled or unused ballots. Any voter who shall spoil a ballot shall return such spoiled ballot to the ballot clerk and receive another one in its place, one at a time, not to exceed three in all. All the ballots thus returned shall be immediately canceled, and, with those not dis- tributed to the voters, shall be returned with the registered list and ballots, as now provided in sections one thousand two hundred and sixty-three and one thousand two hun- dred and sixty-four of this code. Every elector who does not vote the ballot delivered to him, shall, before leaving the polling place, return such ballot to the ballot clerks having charge of the ballots, who shall immediately cancel the same and return them in the same manner as spoiled ballots. The ballot clerks shall account for the ballots delivered to them by returning a sufficient number of un- used ballots to make up when added to the number of official bnllots cast and the number of spoiled ballots re- turned, the number of ballots given to them, and it shall be the duty of the officers receiving such returned ballots to compel such an accounting; and immediately upon the closing of the polls, and before any ballot shall be taken from the ballot boxes, or either thereof, the ballot clerks must, In the presence of all persons in the room who may 251 - ELECTION TICKETS AND BALLOTS. § 1208 desire to observe the same, proceed to deface every unused or spoiled ballot, by drawing across the face thereof, in writing ink, with a pen, two lines which shall cross each other, and said ballot clerks shall thereupon immediately, and before any ballots be taken from the ballot box, or either thereof, place all said ballots thus defaced within an envelope '•- seal said envelope, and thereupon a majority of the election officers shall immediately write their names across the sealed portion of said envelope. En. March 12, 1872. Am'd. 1891, 175; 1895, 302. Cal. Rep. Cit. 46, 405; 91, 531; 108, 110. § 1208. Illiterate or helpless voters. When it appears from the register that any elector has declared under oath, when he registered, that he cannot read, or that by reason of physical disability he is unable to mark his ballot, he shall, upon request, receive the assistance of two of the officers of election, of different political parties, in the marking thereof, to be chosen as follows: One by the inspector then receiving the ballots, and the other by the judge of the opposite political party which at the last election cast the highest number of votes throughout the state, and in the event there are more judges than one of said party, then by the one of said judges who shall be named by said inspector. Neither of the persons ap- pointed shall be of the same political party with the person appointing, nor shall either of said persons so making said appointments appoint the other for said purposes. Such officers shall thereafter give no information regarding the marking of said ballot. The officers making such appoint- ments shall make the same in writing, and sign the same, and upon the same paper the persons so appointed shall subscribe and take the following oath before assisting such elector: State of California, county of , assembly district number , precinct, ss. and , being duly sworn, each for himself, says that he is one of the officers of election appointed to assist (here insert the name of the elector) in mark- ing his ballot, and that he will not give any information, now or hereafter, regarding the same. Subscribed and sworn to before me, this day of , A. D. 18—. §§ 1209, 1210 ELECTION TICKETS AND BALLOTS. 252 Said affidavit may be sworn to before any officer of elec- tion competent to administer an oath, and the same, with the indorsements thereon, shall be returned to the county clerk, as provided in section cne thousand two hundred and sixty-one of this code. Lists of the voters who have been assisted in marking their ballots shall be kept by the clerks keeping the poll lists, and shall be returned and preserved, as the poll lists are returned and preserved. As amended March twenty-third, eighteen hundred and ninety-three. En. March 12, 1872. Am'd. 1891, 175; 1893, 307; 1895, 302. Cal. Rep. Cit. 46, 405; 92, 136; 108, 113; 121, 482; 136, 274; 145, 327; 145, 335. § 1209. Removal of slip from ballot. No member of the board of election shall deposit in the ballot box any ballot from which the slip containing the number of the ballot has not been removed by the inspector. En. March 12, 1872. Am'd. 1891, 175. § 1210. Sample ballots. 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, with- out watermark or indorsements (except the words "Sample Ballot" printed on the back), at least as many copies of the form of ballot provided for use in each voting precinct as there shall be registered voters in such precinct. Such copy shall be designated "Sample Ballot," and shall be furnished to registered voters at the office of such clerk or secretary five days before the day fixed by law for such election, and at any time during such five days; provided, that not more than one sample ballot shall be furnished to any one voter. 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. He shall furnish one such card to every registered voter at the same time and in the same manner that he mails the sample ballot, as set forth in section eleven hundred and ninety-lour; and 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 cards in each booth or compart- ment provided for the preparation of ballots, and not less than three of such cards at other places in and about the 253 ELECTION TICKETS AND BALLOTS. 8 1^11 polling place on the day of election. Section twelve hun- ared and fourteen and twelve hundred and fifteen of this code, and section sixty-one of the Penal Code, shall also be printed on each of said cards. En. March 12, 1872. Am'd. 1891, 175; 1899, 139. Cal. Rep. Cit. 103, 540. § 1211. Canvassing of votes — Marked or spoiled ballots. 1. In canvassing the votes any ballot which is not made as provided in this act shall be void; but each ballot must be preserved and returned with the other ballots; pro- vided, 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 the office under which it is written, provided it is written in the "blank column." 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 a circle at the head of one of the party columns, and also stamps in the voting square after the name of any candidate in the same or any other column, or writes the name of a person for such office in the blank column, such act does not invalidate his ballot, but his vote must be counted for the candidate opposite whose name the cross is made, or for the person whose name is so written in the blank column, and as to all other officers, the ballot must be counted as a straight party vote for the candidates for the offices under the circle stamped; where, however, there are two or more persons to be elected to the same office, and the voter places a cross opposite the name of a candidate not in the party column beneath the circle so stamped, or writes a name in the blank column for such office, then the ballot cannot be counted for the candidates for such office designated in the voter's party column, except in favor of those opposite whose names he also stamps a ci'oss. 4. No mark upon a ballot which is unauthorized by this act shall be held to invalidate such ballot, unless it shall appear that such mark was placed thereon by the voter for the purpose of identifying such ballot. 5. If the name of the same pei'son is printed more than once on a ballot as a candidate for the same office, the §§ 1212-1215 ELECTION TICKETS AND BALLOTS. 254 placing of a cross opposite such name in more than one of the different places where it is so printed must not be regarded as putting a distinguishing mark on the ballot, and must be counted only as one vote for such person. En. March 12, 1872. Am'd. 1891, 176; 1899, 140; 1903, 149. Cal. Rep. Cit. 108, 108; 108, 113; 120, 653; 127, 56; 127, 57; 136, 269; 136, 270; 136, 271; 136, 272; 136, 672; 142, 372; 143, 470. Suhd. 4—142, 600. § 1212. Time for voting. Any person entitled to vote at a general election held within this state 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. En. March 12, 1872. Am'd. 1891, 176. § 1213. Certificate of nomination, destruction of or false making of. No person shall falsely make or fraudulently deface or destroy any certificate of nomination, or any part thereof, or file any certificate of nomination, knowing the same, or any part thereof, to be falsely made, or suppress any certificate of nomination which has been duly filed, or any part thereof, or to make, use, keep, or furnish to others, except as in this code so directed, any paper water- mark in imitation of ballot paper, or disclose the same to any person not engaged in making, printing, or distribut- ing of ballot paper or ballots. En. Stats. 1891, 178. § 1214. Destruction of supplies. No person shall, dur- ing an election, remove or destroy any of the supplies or other conveniences placed in the voting booths or com- partments, as provided in this code, for the purpose of enabling the voter to prepare his ballot. No person shall, during an election, remove, tear down, or deface the cards printed for the instruction of voters. En. Stats. 1891, 178. § 1215. Disclosing name of candidate — Electioneering, etc. No ofliccr of election shall disclose to any person the name of any candidate for whom any elector has 255 ELECTION TICKETS AND BALLOTS. S 1216 voted. No officer of elec.lon, nor any person, shall do any electioneering on election day within one hundred feet of any polling place. No person shall remove any ballot from any polling place before the closing of the poll. No person shall apply for or receive any ballot at any election precinct other than that in which he is en- titled to •<-'- 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 be has marked his ballot; nor shall any person, except a member of 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 ue intends to vote. No voter shall receive a ballot from any other person than one of the ballot clerks; nor shall any other person than a ballot clerk deliver a ballot to such voter. No voter shall deliver to the board of election, or to any member thereof, any bal- lot other than the one he has received from the ballot clerk. 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 ticket within one hundred feet of the polling place. En. Stats. 1891, 178. Cal. Rep. Cit. 108, 108; 108, 109; 108, 110; 1^^, 653; 127, 56; 127, 57; 134, 152; 136, 269; 136, 270; 136, 271; 136. 271; 136, 269; 138, 20; 141, 415; 142, 5oo. § 1216. Registrar of voters. In all counties and cities and counties in this state having a registrar of voters and a ■ --•- ^ of election commissioners, the powers con- ferred and the duties imposed by this code upon the coun- ty clerks and other officers, in relation to matters of elec- tion and polling places, shall be exercised and performed by such registrar of voters and board of election commis- sioners, and all certificates of nomination required by this code to be made to county clerks shall be made to the registrar of voters. En. Stats. 1891, 178. Cal. Rep. Cit. 97, 84;^111, 305. §§ 1224-1226 VOTING AND CHALLENGES. tB» CiiAPTER IX. VOTING AND CHALLENGES. § 12'2i. Voting, when to commence and continue. § 1225. Manner of voting. § 1226. Announcement of voter's name, etc. § 1227. Putting ballot in box. § 1228. Record that perso.i has voted, how kept. § 1229. Same. § 1230. Grounds of challenge. § 1231. Procee-dings on challenge for want of identity. § 1232. Proceedings on challenge for nonresidence in state. § 1233. Proceedings on challenge for nonresidence in precinct. § 1234'. Proceedings on challenge for having before voted. § 1235. Proceedings for conviction of crime or defalcation. § 1236. Challenges, how determined § 1237. Same. § 1238. If person refuses to be sworn, vote to be rejected. § 1239. Rules for the ■determination of questions of residence. § 1240. Term of residence, how computed. § 1241. Rules must be read, if requested. § 1242. Proceedings upon determination of challenge. § 1243. List of challenges to be kept. § 1224. Voting, when to commence and continue. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls re- main open. En. March 12, 1872. § 1225. IVlanner of voting. The person offering to vote must hand his ballot to the inspector, or to one of the judges acting as inspector, and announce his name and the number affixed to it on the register in use at the precinct wnere he offers his vote; provided, that in incor- porated cities and towns tne said person shall also give the name of the street, avenue, or location of his resi- dence, ^" ' ■ - ""mber thereof, if it be numbered, or such clear and definite description of the place of such residence as shall definitely fix the same. En. March 12, 1872. Am'd. 1875-G. 26; 1877-8. 26. Cal. Rep. Cit. 83, 76; 83, 77; 83, 79; 111, 423. Register in use, printed copies to be posted: Ante, sec. 1149. Copies not to be torn or defaced: Ante, sec. 1150. § 1226. Announcement of voter's name, etc. The in- spector, -Md^e acting as such, must receive the ballot, and before depositing it in the ballot box must, in an audible tone of voice, announce the name and register numl)'"- nrovided, that In incorporated towns and cities tiie said inspector, or judge acting as such, shall also 257 VOTING AND CHALLENGES. §§ 1227-1230 announce the residence of the person voting, and the same shall be recorded on the poll list by the poll clerk. En. March 12, 1872. Am'd. 1875-6, 26; 1877-8, 26. Cal. Rep. Cit. 83, 76; 83, 77; 83, 79. § 1227. Putting ballot in box. If the name be found on the register in use at the precinct where the vote is offered, and the vote is not rejected upon a challenge taken, the inspector, or judge acting as such, must, in the presence of the board of election, place the ballot, without opening or examining the same, in the ballot box; and no person shall be allowed to vote whose name is not on said register in use at the precinct. En. March 12, 1872. Am'd. lo.3-4, 26; 1877-8, 26. Cal. Rep. Cit. 136, 276. Certified copy of register, prima facie evidence: See ante, sec. 1117. Challenge: See post, sees. 1230 et seq. § 1228. Record that person has voted, how kept. When the ballot has been placed in the box, one of the judges must write the word "voted" opposite the number of the person on the printed copy of the register. En. March 12, 1872. Am'd. 1877-8, 27; 1880, 80. § 1229. Same. Each clerk must keep a list of persons voting, and the name of each person who votes must be entered thereon and numbered in the order of voting. En. March 12, 1872. Official entry as prima facie evidence of facts stated therein: Code Civ. Proc, sec. 1926. § 1230. Grounds of challenge. A person offering to vote may be orally challenged by any elector of the county upon either or all Df the following grounds: 1. That he is not the person whose name appears on the register. 2. That he has not resided within the state one year next preceding the election. 3. That he has not been a naturalized citizen of the United States for ninety aays prior to the election. 4. That he has not resided within the county for ninety days preceding the election. 5. That he has not resided within the precinct for thirty days next preceding the election. Pol. Code— 17 §§ 1231, 1232 VOTING AND CHALLENGES. 258 6. That lie has before voted that day. 7. That he has been convicted of an infamous crime. 8. That he has not been convicted of the embezzlement or misappropriation of public money. En. March 12, 1872. Am'd. 1880, 80. List of challenges to be kept: Post, sec. 1243. Subd. 1. Identity: See post, sees. 1231, 1236, sub. 1, and sec. 1237. Subd. 2. One year's residence in state: See post, sees. 1232, 1237. Residence for voting purposes, rules for de- termining place of: Post, sec. 1239. Subd. 3. Naturalization for ninety days: See ante, sec. 1083 and notes; also, see post, sec. 1237. Subd. 4. Ninety days' residence in county: See ante, sec. 1083; post, sees. 1233, 1237. Subd. 6. Previous voting: See post. sees. 1234, 1236, subd. 2. Subd. 7. Conviction for infamous crime: See ante, sec. 1084; post, sees. 1235, 1237. Subd. 8. Conviction for embezzlement, etc.: See ante, sec. 1084; post, sees. 1235, 1237. § 1231. Proceedings on challenge for want of Identity. If the challenge is on the ground that he is not the person whose name appears on the great register, the inspector must tender him the following oath: "You do swear (or affirm) that you are the person whose name is entered on the great register." En. March 12, 1872. Taking the oath tendered determines challenge in favor of party challenged: Post, sec. 1236, subd. 1. Necv'ssity of: Post, sec. 1237. Refusal bars vote: Post, sec. 1238. See also Pen. '^ode, sec. 43. § 1232. Proceedings on challenge for nonresidence in state. If the challenge is on the ground that he has not resided ir the state for one year next preceding the elec- tion, the ■ -irson challeged must be sworn to answer ques- tions, and after he is sworn the following questions must be propo' ' d to him by the inspector: 1. Have • >u resided in this state for one year immedi- ately pr' ceding this election? 2. Have you been absent from this state within one year Imrp- ately preceding this election? If yes, then, 259 VOTING AND CHALLENGES. §§ 1233, 123» 3. When you left did you leave for a temporary pur- pose, with the design of returning, or for the purpose of remaining away? 4. Did you, while absent, regard this state as your home? 5. Did you, while absent, vote in any other state? And such other questions as may be necessary to a determination of the challenge. En. March 12., 1872. Am'd. 1880. 81. Before administering oaths rules may be read: Post, sec. 1241. Refusal to be sworn or to answer questions is misde- meanor: Pen. Code, sec. 43. And bars vote: Post, sec. 1238 of this code. Place of residence of elector, rules for determining: Post, sec. 1239. Challenge tried and determined by board of election at time of challenge: Post, sec. 1237. Proceedings after: Post, sec. 1242. § 1233. Proceedings on challenge for nonresidence in precinct. If -the challenge is on the ground that he has not resided in the county for ninety days, or precinct for thirty days next preceding the election, the person challenged must be sworn to answer questions, and after he is sworn, the following questions must be propounded to him by the inspector: 1. When did you last come into this county or election precinct? 2. When you came into this county or precinct, did you come for a temporary purpose, merely, or for the purpose of making it your home? 3. Did you come into this county or precinct for the purpose of voting here? And such other questions as may be necessary to a determination of the challenge. En. March 12, 1872. Am'd. 1880, 81. § 1234. Proceedings on challenge for having before voted. If the challenge is on the ground that the person challegned has before voted that day, the inspector must tender to the person challenged this oath: "You do swear (or affirm) that you have not before voted this day." En. March 12, 1872. Cal. Rep. Cit. 75, 628. §§ 1233-1239 VOTING AND CHALLENGES. 280 Taking the oath tendered defeats challenge: Post, sec. 1236, subd. 2. Refusal bars vote: Post, sec. 1238., Voting twice, or oftener, is felony: Pen, Code, sec. 45. Attempt is misdemeanor: Pen. Code, sec. 46. § 1235. Proceedings for conviction of crime or defalca- tion. If the chalienge is on the ground that the person challenged has been convicted of an infamous crime, or that he has been convicted of the embezzlement or mis- appropriation of public money, he must not be questioned, but the fact may be proved by the production of an au- thenticated copy of the record, or by the oral testimony of two witnesses. En. March 12, 1872. Am'd. 1880, 81. § 1236. Challenges, how determined. Challenges upon the grounds either: 1. That the person challenged is not the person whose name appears on the great register; 2. That the party has before voted on that day — Are determined in favor of the party challenged by his taking the oath tendered. En. March 12, 1872. § 1237. Same. If the challenge is on the ground that the person challenged is not the person whose name appears on the great register, he must take the oath tendered by the board. Challenges for causes other than those specified in the preceding section must be tried and determined by the board of election at the time ol the challenge. En. March 12, 1872. Am'd. 1880, 81. § 1238. If person refuses to be sworn, vote to be re- jected. If any person challenged refuses to take the oaths tendered, or refuses to be sworn and to answer the ques- tions touching the matter of residence, he must not be allowed to vote. En. March 12, 1872. Refusal to be sworn or to answer questions is misde- meanor: Pen. Code, sec. 43. § 1239. Rules for the determination of questions of residence. The board of election, in determining the place of residence of any person, must be governed by the following rules, as far as they are applicable: 1. That place must be considered and held to be the residence of a person in which his habitation is fixed, and -CI VOTING AND CHALLENGliS. § mv to Which, whenever he is absent, he has the intention of returning; 2. A person must not be held to have gained or lost residence bj' reason of his presence or absence from a place while employed in the service of the United States, or of this state, nor while engaged in navigation, nor while a student at any institution of learning, nor while kept in an almshouse, asylum, or prison; 3. A person must not be considered to have lost his residence who leaves his home to go into another state, or precinct in this state, for temporary purposes merely, with the intention of returning; 4. A person must not be considered to have gained a residence in any precinct into which he comes for tem- porary purposes merely, without the intention of making such precinct his home; 5. If a person remove to another state with the in- tention of making it his residence, he loses his residence in this state; 6. If a person remove to another state with the inten- tion of remaining there for an indefinite time, and as a place of present residence, he loses his residence in this state, notwithstanding he entertains an intention of return- ing at some future period; 7. The place where a man's family resides must be held to be his residence; but if it be a place for temporary establishment for his faipily, or for transient objects it is otherwise; 8. If a ma?, uave a family fixed in one place, and he does business in another, the former must be considered his place of residence; but any man having a family, and who has taken up his abode with the intention of remain- ing, and whose family does not so reside with him, must be regarded as a resident where he has so taken up his abode; 9. The mere intention to acquire a new residence, with- out the fact of removal, avails nothing; neither does the fact of removal, without the intention. En. March 12, 1872. Am'd. 1873-4, 26; 1897, 191. Cal. Rep. Cit. 83, 82; 120, 638. Subd. 4—145, 328. Subd. 9—145, 328; 145, 691. Questions as to residence: Ante, sees. 1232, 1233. §§ 1240-1243 CANVASSING AND RETURNING THE VOTE. 262 Compare with this section, rules for determining place of residence generally: Ante, sec. 52. Term of residence, how computed: Post, sec. 1240, Subd. 2. Constitutional basis: See Const. Cal., art. 11, sec. 4. § 1240. Term of residence, how computed. The term of residence must be computed by including the day on which the person's residence commenced, and by ex- cluding the day of the election. En. March 12, 1872. § 1241. Rules must be read, if requested. Before ad- ministering an oath to a person touching his place of residence, the inspector must, if requested by any person, read to the person challenged the rules prescribed by sec- tions 1238 and 1239. En. March 12, 1872. Oath touching place of residence: Ante, sees. 1232, 1233. § 1242. Proceedings upon determination of challenge. If the challenge is determined against the person offering to vote, the ballot offered must, without examination, be returned to him; if determined in his favor, the ballot must be deposited in the ballot box. En. March 12, 1872. § 1243. List of challenges to be kept. The board r ust cause one of the clerks to keep a list, showing: 1. The names of all persons challenged: 2. The grounds of such challenges; 3. The determination of the board upon the challenge. En. March 12. 1872. CHAPTER X. CANV.\SSING AND RETURNING THE VOTE. § IL'."..'. I'anvass to be i>ubic and without adjournment. 5 )2.".:i. Canvass, how commenced. S 1254. BaUots must be made to agree with names on the list. $ lS)u. Uallois. d'JBtruction of number in excess of names on lists. § 12.'>ti. Sanu'. 8 12.'j7. Counting the votes. § 1258. Tallies. 8 12."9. Tlclils from other states. § 1-197. Pupils to file certain declaration. § 149S. Comiiotitive examinations before county boards. (Repealed.) § 1499. Manner of examination. (Repealed.) § liOO. Persons passing to be admitted as pupils, in what order. (Re- pealed.) § l.'iDl. Principal to make annual report. § 1502. Principal may be permitted to attend county institutes. § l.'iOG. Issuance of certificates or diplomas of normal school. § 1504. Secretary and board of trustees. (Repealed.) § 1.505. Supervision by superintendent of public instruction. ^ 1,50H. Biennial appropriation to be made. (Repealed.) § 1507. Orders on controller, how drawn. § 1487. Object of school. The state normal schools have for their objects the education of teachers for the public schools of this state. En. March 12, 1872. Am'd. 1887, 137. Cal. Rep. Cit. 86, 632. See Const. Cal., art. IX, sec. 6, authorizing normal school to be establishedi as part of the common-school system. § 1488. Under control of board of trustees. The state normal schools shall be under the management and con- trol of boards of trustees, constituted as provided in sec- tion three hundred and fifty-four of the Political Code of the state of Caiifornia. En. March 12, 1872. Am'd. 1887, 137. State normal schools and trustees of: See ante, sec. 354. Acts establishing and relating to normal schools: See post, Appendix, title Normal Schools. § 1489. General powers and duties of board. The pow- ers and duties of each board of trustees are as follows: 1. To elect a secretary, who shall receive such salary (not to exceed one hundred and fifty dollars per annum) as may be allowed by the board; 2. To prescribe rules for their government and the gov- ernment of the school; 3. To prescribe rules for the report of oflBcers and teach- ers of the school, and for visiting other schools and in- stitutions; i. To provide for the purchase of school apparatus, fur- niture, stationery, and text-books for the use of pupils; 5. To establish and maintain model and training schools L. the primary and grammar grades, and, in their discre- §§ 1490, 1491 STATE NORMAL SCHOOL. 81* tion, of the kindergarten grade, and to require the students of the normal schools to teach and instruct classes there- in; 6. 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 prescribe their duties; pro- vided, that after the president or a teacher has served suc- cessfully and acceptably in the school for the period of two years prior to or afte the passage of this act, his or her appointment thereafter may, at the discretion of the boa,rd or trustees, be made for a term not to exceed four years, unless removed for cause; 7. To control and expend all moneys appropriated for the support and maintenance of the school, and all moneys received for tuition or donations; 8. To cause a record of all their proceedings to be kept, which shall be open to public inspection at the school; 9. To keep open to public inspection an account of re- ceipts and expenditures; 10. To annually report to the state superintendent of public instruction a statement of their transactions, and of all matters pertaining to the school; 11. To transmit with such report a copy of the presi- dent's annual report; 12. To revoke any diploma by them granted, on receiv- ing satisfactory evidence that the holder thereof is ad- dicted 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 slaall, if he ask it, be heard in his own defense. En. March 12, 1872. Am'd. 1873-4, 75; 1887, 137; 1897, 234; 1899, 77; 1905, 25. Cal. Rep. Cit. 136, 215; 136, 217. Acts estaolishing and relating to normal schools: See post, Appendix, title Normal Schools. § 1490. Regular meetings of board. Each board of trustees must hold two regular meetings in each year, and may hold special meetings, at the call of the secretary, when directed by the chairman. En. March 12, 1872. Am'd. 1887, 138. § 1491. Special meetings of ooard. The time and place of regular meetings must be fixed by the by-laws of the 311 STATE NORMAL SCHOOL. S 1492 board. The secretary must give written notice of the time and place of special meetings- to each member of the board. Each member shall be allowed his expenses in attending the meetings of the board, the bills to be audited the same as any bills for the maintenance of the school. En. March 12, 1872. Am'd. 1887, 138; 1897, 235. § 1492. Time and place of meeting of joint board; pow- ers and duties. There shall be a joint board of state normal school trustees, to be composed of the governor, the superintendent of public instruction, the presidents of the different state normal schools, the chairman and two other members of each normal school board. The two members besides the chairman of each local board shall be selected by the respective local boards for every joint meeting. Said joint board shall meet on the second Friday of April in each year, alternately at the different state normal schools. The first meeting after the passage of this act shall be at San Diego, the second meeting at San Francisco, the third at San Jose, the fourth at Chico. and the fifth at Los Angeles. Thereafter the places of meeting shall be in the order mentioned above. Special meetings may be called at any time and at any place by the governor for the transaction of any urgent business affecting the welfare of any or all the state normal schools, when in his judgment it is necessary. The governor shall be ex-officio chairman of said joint board of normal school trustees. The powers and duties or said joint board of normal schools trustees are as follows: 1. To prescribe and enforce a uniform series of text- books for use in the state normal schools; the state series of text-books shall be used, when published, in the grades and classes for which they are adapted. 2. To prescribe and enforce a uniform course of study, and time and standard for graduation from the state nor- mal schools. 3. To prescribe a uniform standard of admission for students entering the normal schools, and for transfer of pupils from one normal school to another; provided, that a student for good cause may, upon recommendation of the president of the school from which he 'seeks to be trans- ferred, enter any other normal school and without ex- amination be admitted to classes corresponding to those in the school which he has left. §§ 1493-1497 STATBJ NORMAL SCHOOU 8U 4. To sit as a board of arbitration in matters concern- ing the management of each state normal school that may need adjustment. 5. The joint board shall also have the power to pass any general regulations that may be applied to all the state normal schools, thus affecting their well-being. 6. Members in attending the meetings of the joint board shall receive mileage while in actual attendance upon the meeting, the same to be paid out of any appropriation made by the legislature for that purpose. 7. The superintendent of public instruction shall be the secretary of the joint board. The secretary shall keep a full record of all proceedings of the joint meetings of the trustees, and shall notify the secretary of each board of trustees of any changes made in the course of study, or the text-books to be adopted. En. March 12, 1872. Am'd. 1887, 138; 1897, 235; 1899, 78; 1903, 161. Cal. Rep. Cit. 136, 215; 136, 218. § 1493. Apportionment of pupils. (Repealed.) En. March 12, 1872. Rep. 1873-4, 79. § 1494. General qualifications for admission as pupils. Every person admitted as a pupil to the normal school course must be: First — Of good moral character. Second — Of sixteen years of age. Third — Of that class of persons who, if of a proper age, would be admitted in the public schools of this state, with- out restriction. En. March 12, 1872. Am'd. 1873-4, 76. Cal. Rep. Cit. 136, 216. § 1495. Pupils from state at large. Teachers holding valid certificates to teach in any county in this state, may be admitted to any state normal school in the state. En. March 12, 1872. Am'd. 1897, 236. § 1496. Pupils from other states. Persons resident of another state may be admitted upon letters of recom- mendation from the governor or superintendent of schools thereof. En. March 12, 1872. Am'd. 1873-4, 77. § 1497. Pupils to file certain declaration. Every person making application for admission as a pupil to the normal school must, at the time of making such application, file 818 STATE NORMAL SCHOOL. 5S 1498-1503 with the president of the school a declaration that he enters the school to fit himself for teaching, and that it is his intention to engage in teaching in the public schools of this state, or in the state or territory where the appli- cant resides. En. March 12, 1872. Am'd. 1873-4, 77; 1897, 236. § 1498. Competitive examinations before county boards. (Repealed.) En. March 12, 1872. Rep. 1873-4, 79. § 1499. Manner of examination. (Repealed.) En. March 12, 1872. Rep. 1873-4, 79. § 1500. Persons passing to be admitted as pupils, in what order. (Repealed.) En. March 12, 1872. Rep. 1873-4, 79. § 1501. Principal to make annual report. The president of each state normal school must make a detailed annual report to the board of trustees, with a catalogue of the pupils, and such other particulars as the board may re- quire or he may think useful. En. March 12, 1872. Am'd. 1887, 138; 1897, 236. § 1502. Principal may be permitted to attend county institutes. The board of trustees of any normal school or its executive committee, may grant permission to the principal or any teacher of such school to attend any county institute, and give . instruction on subjects relating to education in the public schools. En. March 12, 1872. Am'd. 1893, 302. § 1503. Issuance of certificates or diplomas of normal school. (1) The board of trustees of each state normal school, upon the recommendation of the faculty, may issue to those pupils who worthily complete the full course of study and training prescribed, diplomas of graduation, either from the normal department or the kindergarten department, or both. (2) Such diploma from the normal department shall en- title the holder thereof to a certificate corresponding in grade to the grade of the diploma from any county, or city and county, board of education in the state. One from the kindergarten department shall entitle the holder to a certificate to teach in any kindergarten class of any primary school in the state. U § 1503 STATE NORMAL, SCHOOL. 314 (3) Whenever any county, or city and county, board of education shall present to the state board of education a recommendation showing that the holder of a normal school diploma from the normal department of any state normal school of the state of California, or of a diploma from any other normal school, that the state board of education shall declare to be equivalent to a diploma from the normal department of a state normal school of this state, has had a successful experience of two years in the public schools of this state, subsequent to the granting of such diploma, the state board of education shall grant to the holder thereof a document signed by the president and secretary of the state board, showing such fact. The said diploma, accompanied by said document of the state board attached thereto, shall become a permanent certifi- cate of qualification to teach in any primary or grammar school in the state, valid until such time as the said diploma may be revoked, as provided in section fourteen hundred and eighty-nine of this code, or until such time as the document issued by the state board, as aforesaid, may be revoked or suspended as provided in subdivision five of section fifteen hundred and twenty-one of this code". (4) Upon presentation of the diploma and document referred to in subdivision three of this section to any county, or city and county, superintendent of schools, said superintendent shall record the name of the holder thereof in a book provided for that purpose in his ofiice, and the holder thereof shall henceforth be absolved from the requirements of subdivision one of section sixteen hundred and ninety-six of this code. (5) Said diploma of graduation from any state normal school in this state, when accompanied by a document granted by the faculty of the state university on or before the thirtieth day of June, nineteen hundred and three, showing that the holder of such diploma has successfully completed the course of instruction in said university pre- scribed for students who are graduates of a normal school of this state, shall entitle such holder to a high school cer- tificate authorizing the holder to teach in any grammar and primary school, and in any high school in this state. En. March 12, 1872. Am'tl. 1873-4, 77; 1887, 138; 1893, 267; 1897, 23G; 1901, GG7. 315 STATE NORMAL. SCHOOL. §§ 1504-150V Cal. Rep. Cit. 117, 521; 117, 522; 117, 523; 127, 448; 136, 216. State board of examination abolished: Post, sec. 1757. State board of education: Post, sees. 1517 et seq. § 1504. Secretary and board of trustees. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 78; 1887, 139. Rep. 1897, 237. § 1505. Supervision by superintendent of public instruc- tion. The superintendent of public instruction must visit each school from time to time, inquire into its condition and management, enforce the rules and regulations made by the board, require such report as he deem proper from the teachers of the school, and exercise a general super- vision over the same. En. March 12, 1872. Am'd. 1873-4, 78; 1897, 23/. Superintendent of public instruction: Post, sees. 1532, 1533. § 1506. Biennial appropriation to be made. (Repealed.) En. March 12, 1872. Rep. 1887, 139; 1897, 237. § 1507. Orders on controller, how drawn. Each order upon the controller of state by the board of trustees of a state normal school must be signed by the president of the board and countersigned by the secretary. Upon presentation of the order aforesaid, signed and counter- signed as aforesaid, the controller of state must draw his warrant upon the state treasurer in favor of the board of trustees for any moneys or any pai't thereof, appropri- ted and set apart for the support of the normal school, and the treasurer must pay such warrants on presentation. En. March 12, 1872. Am'd. 1873-4, 78; 1887, 139. §§ 1517-1519 PUBLIC SCHOOLS. 316 Article I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. CHAPTER III. PUBLIC SCHOOLS. State Board of Bducation, §§ 1517-1522. Superintendent of Public Instruction, §§ 1532, 1533. School Superintendents, §§ 1542-1553. Teachers' Institutes, §§ 1560-1565. School Districts, §§ 1575-1583. Elections for School Trustees, §§ 1593-1602. Boards of Trustees of School Districts an-d Citj Boards of Education, §§ 1611-1625. District Census Marshals, §§ 1634-1640. Clerks of School Districts, §§ 1649-1652. Schools, §§ 1662-1674. Pupils, ?'§ 1682-16S7. Teachers. §§ 1696-1704. District Libraries, §§ 1712-1717. Educational Jcurnal, §§ 1726-1731. (Repealed.) State Board of Exam'ination, §§ 1741-1758. (Repealed.) County Boards of Education, §§ 1768-1778. Citv Boards of Examination, §§ 1787-1794. County School Tax, §§ 1817-1820. District School Tax, §§ 1830-1852. General Provisions Relative to School Funds and Taxes, §§ 1S57-1S61. Miscellaneous Provisions Relating to Public Schools, §§ 1867-1891. ARTICLE I. ST.'i^TE BOARD OF EDUCATION. § 1517. Board, how constituted. § 1518. President and secretary of. § 1519. Concurrence of a majority of all members necessary. § 1520. Meetings of. § 1521. General powers and duties of. § 1522. Traveling expenses of. § 1517. Board, how constituted. The state board of education consists of the governor, the superintendent of public instruction, and the prinicpals of the state normal schools. En March 12, 1872. Am'd. 1880, 28; 1889, 178. Education: See Const. Cal., art. IX. § 1518. President and secretary of. The governor is the president, and the superintendent of public instruc- tion the secretary of the board. En. March 12, 1872. § 1519. Concurrence of a majority of ail members neces- sary. A concurrence of a majority of all the members is necessary to the validity of any act of the board. En. March 12, 1872. Cal. Rep. Cit. 60, 124. 317 PUBLIC SCHOOLS. 55 1520, 1621 § 1520. Meetings of. The board shall meet at the call of the secretary, and not less than twice in each year. En. March 12, 1872. Am'd. 1889, 178; 1893, 237. § 1521. General powers and duties of. The powers and duties of the state board of education are as follows: 1. To adopt rules and regulations not inconsistent with the laws of this state for its own government, and for the government of the public schools and district school libraries. 2. (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 judg- ment of said board, are the equivalent of a diploma of graduation 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 tf this state, and include a recommendation for a. high- school certificate from the faculty of the institution in wh ch the pedagogical work shall have been taken. (l) The said board shall also consider the cases of in- divioual applicants, who have taught successfully for a perio I of not less than twenty school months, and who are i ot possessed of the credentials prescribed by the boarr 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 cer- tificates to teach in the high schools of the state. In such special cases, the board may take cognizance of any ade- quate evidence of preparation which the applicants may present. The standard of qualification in such special cases shall not be lower than that represented by the other credentials named by the board under the provisions of this section. 3. To grant lil'e diplomas of four grades, valid through- out the state, as follows: (a) High school" Authorizing the holder to teach in any primary and grammar or high school. (b) Grammar schi'ol: Authorizing the holder to teach in any primary or gnmmar school. (c) Kindergarten-primary: Authorizing the holder to teach in the kindergart-m class of any primary school. § 1521 PUBLIC SCHOOLS. 318 (d) Special: Authorizing the holder to teach in any school such special branches and in such grades as are named in such diploma. 4. Except as provided in sections fifteen hundred and three and seventeen hundred and seventy-five of this code, life diplomas may be issued 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 satis- factory 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 cer- tified 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 appli- cant, specially setting forth the places in which, and the dates^ between which, said applicant has taught. The application must also be accompanied by a fee of two dollars, for the purpose of defraying the expense of issu- ing the diploma. 5. To revoke or suspend for immoral or unprofessional conduct, or for evident unfitness for teaching, life di- plomas, educational diplomas, documents issued under the provisions of sections fifteen hundred and three and seven- teen hundred and seventy-five of this code, or credentials issued in accordance with subdivision two of this section; and to adopt such rules for said revocation as they may deem expedient or necessary. 6. To have done by the state printer, or other oflScer having the management of the state printing, any print- ing required by it; provided, that all orders for printing shall first be approved by the state board of examiners. 7. To adopt and use, in authentication of its acts an oflScial seal. 8. To keep a record of its proceedings. 9. To designate some educational monthly journal as the oflicial organ of the department of public instruction. The publishers of such journal shall, before the tenth day of each month, mail one copy of such journal to the clerk of every school district in the state and to the sec- 319 PUBLIC SCHOOLS. §§ 1522. 1532 retary of every board of education, and shall, on or before the tenth day of each month, file an affidavit with the superintendent of public instruction, showing that such copies have been so mailed for that month. Each clerk of a school district and each clerk of a board of education, receiving a copy of such journal so mailed to him, shall place such copy in the school library of his district, before the end of the month in which such copy shau be so re- ceived. The county superintendent of schools of each county, or city and county, shall draw his warrant semi- annually, in favor of the publishers of such school journal, for an amount equal to one-half of the regular subscription price of such journal, not exceeding one dollar and fifty cents in any school year, for each and every scuool district in his county, or city and county, and charge the same to the library fund of the district; provided, that such war- rant shall not be drawn until such county superintendent of schools shall have received from the superintendent of public instruction a certificate to the effect that the affidavits aforesaid have been duly filed in his office, show- ing the mailing of copies of such journal as above required, for the half year to be covered by such warrant. En. March 12, 1872. Am'd. 1873-4, 79; 1880, 29; 1889, l'<8;1891, 150; 1893, 237; 1901, 668. Cal. Rep. Cit. 55, 333. Compare with post, sec. 1874. Acts relating to state school books: See General Laws, title Schools. § 1522. Traveling expenses of. The actual traveling ex- penses of the members incurred in attending the meetings of the board must be audited by the controller, and paid out of the general fund of the state treasury. En. March 12, 1872. ARTICLE II. SUPERINTENDENT OF PUBLIC INSTRUCTION. § 1532. General duties of superintendent. § 1533. Power to call convention of superintendents. § 1532. General duties of superintendent. It is the duty of the superintendent of public instruction, — First— To superintend the schools of this state. ! 1532 PUBLIC SCHOOLS. 320 Second — To report to the governor, on or before the fifteenth day of September preceding each regular session of the legislature, a statement of the condition of the state normal schools and other educational institutions sup- ported by the state and of the public schools. Third — To accompany his report with tabular statements, showing the number of school children in the state; the number attending public schools, and the average attend- ance; the number attending private schools, and the num- ber not attending schools; the amount of state school fund apportioned, and the sources from which derived; the amount raised by county, city and county and district taxes, or from other sources of revenue, tor school pur- poses; and the amount expended for salaries of teachers, for building schoolhouses, for district school libraries, and for incidental expenses. Fourth — To apportion the state school fund; and to fur- nish an abstract of such apportionment to the state con- troller, the state board of examiners, and to the county and city and county auditors, county and city and county treasurers and to the county and city and county school superintendents of the several counties of the state, in apportioning said fund he shall apportion to every county and to every city and county two hundred fifty dollars ($250) for every teacher determined and assigned to it on school census by the county or city and county school superintendent for the next preceding school year, as re- quired of the county or city and county school superin- tendent by the provisions of section 1858 of this code, and after thus apportioning two hundred fifty dollars on teacher or census basis, he shall apportion the balance of the state school fund to the several counties or cities and counties according to their average daily attendance as shown by the reports of the county or city and county school super- intendents for the next preceding school year. Fifth — To draw his order on the controller in favor of each county or city and county treasurer for school moneys apportioned to the county or city and county. Sixth — To prepare, have printed, and furnish all officers charged with the administration of the laws relating to the public schools, and to teachers, such blank forms and books as may be necessary to the discharge of their duties, including blank teachers' certificates to be used by county and city and county boards of education. Seventh — To have the laws relating to the public schools printed in pamphlet form, and to supply school officers and school libraries with one copy each. 321 PUBLIC SCHOOLS. 5 1583 Eighth — To visit the several orphan asylums to which state appropriations are made, and examine into the course of instruction therein. Ninth — To visit the schools in the different counties, and inquire into their condition; and the actual traveling expenses thus incurred (provided, that they do not exceed eighteen hundred dollars per annum) shall be allowed, audited, and paid out of the general fund in the same man- ner as other claims are audited and paid. Tenth — To authenticate with his oflScial seal all drafts or orders drawn by him, and all papers and writings is- sued from his office. Eleventh — To have bound, at the state bindery, all val- uable school reports, journals, and documents in his office, or hereafter received by him. Twelfth — The report to the controller, on or before the tenth day of July of each year, the total number of chil- dren in the state between the ages of five and seventeen years, as shown by the latest reports of the county and city and county superintendent on file in his office. Thirteenth — To deliver over, at the expiration of his term of office, on demand, to his successor, all property, books, documents, maps, records, reports, and other pa- pers belonging to his office, or which may have been re- ceived by him for the use of his office. En. March 12, 1872. Am'd. 1873-4. 86; 1880, 29; 1887, 125; 1889, 180; 1891, 152; 1893, 239; 1905, 180. Cal. Rep. Cit. 97, 435. Election of superintendent: See Const. Cal., art. IX, sec. 2. § 1533. Power to call convention of superintendents. He shall have power to call, biennially, a convention of the county and city superintendents, to assemble at such time and place as he shall deem most convenient, for the dis- cussion of questions pertaining to the supervision and ad- ministration of the public schools, the laws relating thereto, and such other subjects affecting the welfare and interest of the public schools as shall properly be brought before it. It is hereby made the duty of all county and city superintendents to attend and talie part in the proceedings of such convention when it is called The actual expenses of the county superintendents at- tending the convention shall be allowed by the board of supervisors, and paid out of the same fund as the salary of the county superintendents is paid; the actual expenses Pol. Code— 21 §§ 1542, 1543 • PUBLIC SCHOOLS. 822 of the city superintendents attending the convention shall he allowed and paid out of the same fund as the salary ot such city superintendents is paid. En. Stats. 1873-4, 85. Am'd. 1887, 127; 1891, 153; 1893, 240. ARTICLE III. SCHOOL SUPERINTENDENTS. § 1542. Who Is eligible. (Repealed.) § 154'3. General duties of school superintendents. § 1544. Forfeiture for failure to report. § 1545. May appoint teachers and open schools, when. § 1546. May direct repairs, etc., when. § 1547. Warrants 'drawn by him. (Repealed.) § 154S. Warrants for expenses and claims. § 1549. May appoint deputies. § 15.50. Compensation of deputy in cities. § 1551. Report of school children. Supervision of district boundaries. I 1552. Allowance of expenses. § 1553. Superintendent, when not to teach. § 1542. Who is eligible. (Repealed.) En. March 12, 1872. Rep, 1873-4, 84; 1873-4, 113. § 1543. General duties of school superintendents. It is the duty of the county superintendent of each county: • First — To superintend the schools of his county. Second — 1. To apportion the school moneys to each school district, as provided in section one thousand eight hundred and fifty-eight of this code, at least four times a year. For this purpose he may require of the county auditor a report of the amount of all school moneys on hand to the credit of the several school funds of the county not already apportioned; and it is hereby made the duty of the auditor to furnish such report when so required; and whenever an excess of money has ac- cumulated to the credit of a school district by reason of a large census r6ll and a small attendance, beyond a reason- able amount necessary to maintain a school for eight months in such district for the year, the superintendent of schools shall place said excess of money to the credit of lae unapportioned school funds of the county, and shall ap- portion the same as other school funds are apportioned. 2. If in any school district there has been an average daily attendance of only five, or a number of pupils less than five during the whole school year, the superintendent shall at once suspend the district, and report the fact to the board of supervisors at their next meeting. The board of supervisors, upon receiving such report from the super- intendent, shall declare the district lapsed, and shall at- 323 PUBLIC SCHOOLS. S 1543 tach the territory thereof to one or more of the adjoining school districts in such manner as may be by tliem deemed most convenient for the residents of said lapsed district. 3. "When any district has been declared lapsed, the board of supervisors shall sell or otherwise dispose of the prop- erty thereto belonging, and shall place the proceeds of such sale to the credit of the district. Thereupon the superin- tendent shall determine all outstanding indebtedness of said lapsed district, and shall draw his requisition upon the county auditor in payment thereof. Any balance of moneys remaining to the credit of said lapsed district shall be transferred by the superintendent to the unappor- tioned school funds of the county, and shall be apportioned as other school funds are apportioned. Should there not be sufficient funds to the credit of the lapsed district to liquidate all of the outstanding indebtedness thereof, the superintendent shall draw his requisition upon the county auditor pro rata for the several claims. Third — On the order of the board of school trustees, or board of education of any city or town having a board of education, to draw his requisition upon the county auditor for all necessary expenses against the school fund of any district. The requisitions must be drawn in the order in which the orders therefor are filed in his oflBce. Each requisition must specify the purpose for which it is drawn, but no I'equisition shall be drawn unless the money is in the fund to pay it, and no requisition shall be drawn upon the order of the board of school trustees or board of education against the funds of any district except the teachers' or janitors' salaries, unless such order is ac- companied by an itemized bill showing the separate items, and the price of each, in payment for which the order is drawn; nor shall any requisition for teachers' or janitors' salaries be drawn unless the order shall state the monthly salary of teacher or janitor, and name the months for which such salary is due. Upon the receipt of such requi- sition the auditor shall draw his warrant upon the county treasurer in favor of the parties for the amount stated in such requisition. The order of the board of school trustees, or board of education, shall be made only on the form of blank pre- pared by the superintendent of public instruction, and when signed by at least two members of the board of trustees, or the officials authorized to sign orders for the board of edu- cation shall be transmitted to the superintendent, who shall, in case he approved said demand, endorse upon it, "Examined and Approved," together with the number and S 1543 PUBUC SCHOOLS. 324 date when approved, and shall, in attestation thereof, aflBx his signature thereto, and deliver the same to the claim- ant, or his order, who shall transmit the same to the au- ditor, who shall, in case he allows said demand, endorse upon it, "Allowed," together with the number and date when allowed, and shall, in attestation thereof, affix his signature thereto, and deliver the same to the claimant; and said demand, when so approved, and signed by the superintendent, and when so allowed and signed by the auditor, shall constitute the requisition on the auditor, and the warrant on the treasury within the meaning of this act. Fourth — To keep open to the inspection of the public, a register of requisitions, showing the fund upon which the requisitions have been drawn, the number thereof, in whose favor, and for what purpose they were drawn, and also a receipt from the person to whom the requisition was de- livered. Fifth — To visit and examine each school in his county at least once in each year. For every school not so visited the board of supervisors must, on proof thereof, deduct ten dollars from his salary. Sixth — To preside over teachers' institutes held in his county, and to secure the attendance thereat of lecturers competent to instruct in the art of teaching, and to report to the county board of education the names of all teachers in the county who fail to attend regularly the sessions of the institute; to enforce the course of study, the use of text-books, and the rules and regulations for the examina- tion of teachers prescribed by the proper authority. Seventh — He shall have power to issue if he deem it proper to do so, temporary certificates, valid until the next semi-annual meeting of the county board of education, to persons holding certificates of like grade granted in other counties, cities, or cities and counties, or upon any cer- tificates or diplomas upon which county boards are em- powered to grant certificates without examination, as specified in section seventeen hundred and seventy-five; provided, that no person shall be entitled to receive such temporary certificate more than once in the same county Eighth — To distribute all laws, reports, circulars, in- structions, and blanks which he may receive for the use of school officers. Ninth — To keep in his office the reports of the superin- tendent of public instruction. Tenth — To keep a record of his official acts, and of all the proceedings of the county board of education, including 325 PUBLIC SCHOOLS. S 1543 a record of the standing, in each study, of all applicants examined, which shall be open to the inspection of any applicant or his authorized agent. Eleventh — Except in incorporated cities having boards of education, to pass upon and approve or reject all plans for schoolhouses. To enable him to do so, all boards of trus- tees, before adopting any plans for school buildings, must submit the same to the county superintendent for his ap- proval. Twelfth — To appoint trustees to fill all vacancies, to hold until the first day of July succeeding such appointment; when new districts are organized, to appoint trustees for the same, who shall hold office until the first day of July next succeeding their appointment. In case of the failure of the trustees to employ a janitor, as provided in section sixteen hundred and seventeen, subdivision seventh, of this code, he shall appoint a janitor, who shall be paid out of the school fund of the district. Should the board of school trustees of any district fail or refuse to issue an order for the compensation for such service, the superin- tendent is hereby authorized to issue, without such order, his requisition upon the county school fund apportioned to such district. Thii-teenth — To make reports, when directed by the su- perintendent of public instruction, showing such matters relating to the public schools in his county as may be re- quired of him. Fourteenth — To preserve carefully all reports of school officers and teachers, and, at the close of his official term, deliver to his successor all records, books, documents and papers belonging to the office, taking a receipt for the same, which will be filed in the office of the county clerk. Fifteenth — The county superintendent shall, unless oth- erwise provided by law, in the month of July of each year grade each school, and a record thereof shall be made in a book to be kept by the county superintendent in his office for this purpose. And no teacher holding a certifi- cate below the grade of said school shall be employed to each the same. En. March 12, 1872. Am'd. 1873-4, 88; 1880, 31; 1881, 38; 1887, 127; 1889, 181;. 1891, 153; 1893, 240; 1895, 60; 1905, 528. Cal. Rep. Cit. 97, 435; 97, 437; 99, 29; 100, 529; 104, 349; 104, 350; 117, 357; 138, 706. Subd. 1—134, 593. Subd. 2—134, 66. Subd. 3—91, 473; 117, 359; 138, 707. §§ 1544-1548 PUBLIC SCHOOLS. 326 § 1544. Forfeiture for failure to report. If he fails to make a full and correct report, as required under the pro- visions of subdivision fourteen of section fifteen hundred and forty-three, at the time fixed by the superintendent of public instruction, he forfeits one hundred dollars of his salary; and the board of supervisors, upon receiving from the superintendent of public instruction notice of such failure, must deduct the amount forfeited from his salary. En. March 12, 1872. Am'd. 1873-4, 90; 1881, 40; 1889, 183. § 1545. iVIay appoint teachers and open sclioois, when. He must, when there is sufficient money in the fund of any school district to maintain a free school therein for six months, if the trustees fail to have such school kept, appoint a teacher, and open and keep such school, and may draw his requisition upon the county auditor, who shall draw his warrt'nt upon the fund of such district for the expense incurred. En. March 12, 1872. Am'd. 1880, 33. Conforms to Const. Cal., art. IX, sec. 5. § 1546. May direct repairs, etc., when. He may, in his discretion, require the trustees of any district to repair the school buildings or property, or to abate any nuisance in or about the premises, if such repairs or abatement can be done for a sura not exceeding fifty dollars, and there is a sufficient amount of money in the treasury to the credit of the district. He may also in all cases require the trustees to provide suitable outhouses, and, where ptacticable, to adorn the grounds with fruit and orna- mental trees and shrubbery; and if the trustees neglect to make such provision, he may cause it to be done, and pay for it on his requisition upon the county auditor, who shall draw his warrant payable out of any money to the credit of the district. En. March 12, 1872. Am'd. 1880, 33. § 1547. Warrants drawn by him. (Repealed.) En. March 12, 1872. Rep. 1873-4, 111. § 1548. Warrants, for expenses and claims. He may draw his requisition upon the county auditor, who shall draw his warrant on the unapportioned county school fund, in his own favor, for the binding of school docu- ments, not to exceed twenty dollars a year; for postage and expressage for his office, not to exceed two dollars for each district of his county, and for such other incidental expenses as may be authorized by law; provided, that not more than one-half of such allowance shall be used 327 PUBLIC SCHOOLS. §5 1549-1552 during the first six months of any school year, except by unanimous consent of the board of supervisors; and pro- vided further, that in incorporated cities, each school con- taining three hundred pupils shall be considered equal to one school district. En. March 12, 1872. Am'd. 1873-4, 90; 1880, 33; 1891, 155. § 1549. May appoint deputies. Each county superin- tendent may appoint a deputy, but no salary payable out of the school fund must be allowed such deputy. En. March 12, 1872. Am'd. 1873-4, 90. Cal. Rep. Cit. 89. 222. § 1550. Compensation of deputy in cities. The deputy school superintendent of any city, or city and county, having over thirty thousand inhabitants, may receive such compensation as the board of education thereof prescribes, payable In the same manner and out of the same fund as the superintendent of schools thereof is paid. En. March 12, 1872. Am'd. 1880, 33; 1881, 40. § 1551. Report of school children. Supervision of dis- trict boundaries. Every school superintendent in this state must, on or before the first day of July in each year, report to the superintendent of public instruction, and to the board of supervisors of his county, the number of children therein between the ages of five and seventeen years, as appears by the latest returns of the census marshals on file in his oflice. It shall be the duty of every county superintendent to inquire and ascertain whether the boundaries of the school districts in his county are definitely and plainly described in the records of the boards of supervisors, and to keep in his oflice a full and correct transcript of such boundaries. In case the bound- aries of districts are conflicting, or incorrectly described, he shall report such fact to the board of supervisors, and the board of supervisors shall immediately take such steps as are necessary to change, harmonize, and clearly define them. The county superintendent, if he deem it necessary for the guidance of school census marshals, may order the description of the district boundaries printed in pamphlet form, and pay for the same out of the county school fund. En. Stats. 1873-4, 85. [Another section under this same number. En. 1873-4, 91. Rep. 1880, 47.] Am'd. 1880, 33; 1891, 156; 1893, 243. § 1552. Allowance of expenses. Each county superin- tendent shall receive his actual and necessary traveling §§ 1553-1560 PUBLIC SCHOOLS. 828 expenses, said expenses to be allowed by the board of supervisors, and to be paid out of the county general fund; provided, that this amount shall not exceed ten dollars per district per annum. En. Stats. 1873-4, 85; 1873-4, 91. Am'd. 1875-6. 26; 1889, 184; 1891, 156. Cal. Rep. Cit. 59, 327; 59, 549; 59, 550; 87, 395. § 1553. Superintendent, when not to teach. No school superintendent who receives an annual salary of fifteen hundred dollars or more must follow the profession of teaching, or any other vocation that can conflict with his duties as superintendent; but those receiving less than fifteen hundred dollars per annum may teach in the pub- lic schools of this state. En. Stats. 1875-6, 26. Am'd. 1893, 243. ARTICLE rV. TEACHERS* INSTITUTES. § 1560. Teachers Institutes in counties; joint, expenses of; In cities, expenses of. § 1561. When held in other counties. § 1562. Length of sessions. § 1563. Pay of teachers in attendance. § 1564. Expenses of institute, how paid. § 15G5. Teachers' institute fund. 8 1660. Teachers' institutes in counties; joint, expenses of; in cities, expenses of. The superintendent of every county in which there are twenty or more school districts, and of every city and county In the state, must hold at least one teachers' institute in each year; and every teacher employed in a public school in the county must at- tend such institute, and participate in its proceedings; provided, that the superintendents of two or more counties, city and county, or cities may unite for the purpose of holding a joint institute or convention and may direct the teachers of their respective counties, city and county, or cities to attend the same in lieu of the county, city and county, or city institute, under the same conditions a.ad compensations as herein provided for the onunty, city and county, or city institute; provided, that the expense of such joint institute shall be borne equally by the counties participating therein, and the county auditor of each county participating in such joint institute shall draw his warrant in favor of the county superintendent upon requi- sition of said superintendent for such proportionate share of such county and the money paid thereon shall be ap- 329 PUBLIC SCHOOLS. S9 1561-1566 plied to the expense of said joint institute; provided fur- ther, that cities employing seventj' or more teachers may have a separate institute to meet at least once a year, the sessions to be of not less than three nor more than five days; and provided further, that teachers attending such city institute shall not be required to attend the county institute. The expenses of such city institutes, not exceeding two hundred dollars annually, shall be paid from the special school funds of said city. En. March 12, 1872. Am'd. 1873-4, 92; 1891, 156; 1893, 244; 1905, 52. § 1561. When held in other counties. In any county in which there are less than twenty school districts, the county superintendent may, in his discretion, hold an in- stitute; when directed by the county board of education, he shall hold an institute not oftener than once each year, at such time and place as the board may direct. En. March 12, 1872. Am'd. 1873-4, 92; 1893, 244. § 1562. Length of sessions. Each session of the insti- tute must continue not less than three nor more than five days. En. March 12, 1872. § 1563. Pay of teachers in attendance. When the In- stitute is held during the time that teachers are employed In teaching, their pay must not be diminished by reason of their attendance. En. March 12, 1872. § 1564. Expenses of institute, how paid. The county superintendent must keep an accurate account of the actual expenses of said institute, with vouchers for the same, and draw his requisition upon the county auditor, who shall draw his warrant on the unapportioned county school fund to pay said amount; provided, that any coun- ties participating in joint institutes as provided by sec- tion 1560, such amount shall not exceed two hundred ($200.00) dollars; and in counties that do not participate in such joint institutes, said amount shall not exceed three hundred ($300.00) dollars, for any one year. En. March 12, 1872. Am'd. 1873-4, 92; 1880, 34; 1893, 244; 1905, 145. § 1565. Teachers' institute fund. T^cept for a tem- porary certificate, and except as provided in subdivision second of section one thousand five hundred and three of the Political Code, every applicant for a teacher's cer- §§ 1575, 1576 PUBLIC SCHOOLS. OO tificate, or for the renewal of a certificate, upon present- ing his application, shall pay to the county superintendent a fee of two dollars, to be by him immediately deposited with the county treasurer, to the credit of a fund to be known as the teachers' institute and library fund. All funds so credited shall be drawn out only upon the requi- sition of the county superintendent of schools upon the county auditor, who shall draw his warrant in payment of the services of instructors in the county teachers' insti- tute; provided, they be not teachers in the public schools of the county in which such institute is held; and for the purchase of books for a library for the use of the teach- ers of the county. At least fifty per cent of the teachers institute and library fund shall be expended for books. The county superintendent shall take charge of the teach- ers' library, prepare a catalogue of its contents, and keep a correct record of books taken therefrom and returned thereto. En. Stats. 1880, 34. Am'd. 1889, 184; 1891, 156; 1893, 244. ARTICLE V. SCHOOL DISTRICTS. § 1575. Names of districts. § lr)76. What forms districts. § 15T6a. Clerk, appointed when; term of office and salary. § 1577. Foimatlon of new; petition for; changing boundaries of old; joint districts. § ir)78. Duties of superintendent on receipt of petition. § l.o7n. Duties of supervisors on same. § l.^iSO. New district, when not to share in school moneys. (Repealed.) § 1581. Action creating new districts void in certain events. § 1582. New district, when to share in school moneys. (Repealed.) I 158.3. Management of joint districts. § 1575. Names of districts. Every school district must be designated by the name and style of " district (using the name of the district), of county" (using the name of the county in which such district is situated) ; and in that name the trustees may sue and be sued, and hold and convey property for the use and benefit of such district. A number must not be used as a part of the designation of any school district. En. March 12, 1872. Cal. Rep. Cit. 53, 30; 56, 480; 59, 131; 93, 419; 99, 152; 137, 662; 140, 561. § 1576. What forms districts. Every city or incorpor- ated town unless subdivided by the legislative authority thereof, shall constitute a separate school uistrict, which shall be governed by the board of education or board of 331 PUBLIC SCHOOLS. § 1573a school trustees of such city or incorporated town; pro- vided, that whenever a city or town shall be incorporated 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 ol the heads of families residing therein, as shown by the last preceding school census, shall petition for such annexation; and provided further, that the board of supervisors may include more territory than the re- mainder 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 major- ity of the heads of families, as shown by the last preced- ing school census, residing in such additional territory. When said remainder or part thereof, or said additional outside territory, has been annexed to said city or incor- porated 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 au- thority of said city or incorporated town, the qualified electors of which shall vote only for the board of edu- cation, or the board of school trustees; and such outside territory shall be deemed to be a part of said city or in- corporated town for all matters connected with the school department thereof, for the annual levying and collect- ing of the property tax for the school funds of said city or incorporated town; and for all purposes specifiea in sections one thousand eight hundred and eighty to one thousand eight hundred and eighty-eight of this code, inclusive. En. March 12, 1872. Am'd. 1877-8, 28; 1891, 157; 1893, 245. Cal, Rep. Cit. 55, 494; 97, 432; 99, 27; 99, 28; 99, 151; 107. 191; 108, 280; 125, 596; 127, i25; 129, 605; 140, 561. § 1576a. Clerk appointed when; term of office and sal- ary. In any school district organized under the preced- ing section and which is also a high school district, and which districts are governed by a board of three trustees, and which districts have, by the last preceding school census, a school population of more than fifteen hun- dred, the trustees may appoint a clerk, who shall not be one of their number, to act for both districts, to hold office during the pleasure of the board; and said board may fix § 1577 PUBLIC SCHOOLS. 332 his salary at a a sum not exceeding twenty-five dollars per month for each district, which sum shall be paid in the same manner and from the same iunds as other incidental expenses of the districts are paid. En. Stats. 1905, 550. § 1577. Formation of new; petition for; changing bound- aries of old; joint districts. First — No new school dis- trict shall be formed at any other time than between the first day of October and the tenth day of Feoruai'y, nor at that time unless the parents or guardians of at least fifteen census children, residents of such proposed new dis- trict, and residing at a greater distance than two miles by a traveled road from the public schoolhouse in the district in which said parents or guardians reside, present a peti- tion to the superintendent of schools, setting the boundaries of the new district asked for; provided, that the provision requiring the petitioners shall reside a distance of more than two miles by a traveled road from the said public schoolhouse may be dispensed with when the petition shall be signed by the parents or guardians of fifty or more census children residents of a district containing more than three hundred census children. Second — The boundaries of a school district, except as provided in section one thousand five hundred and fifty-one of the Political Code, shall be changed only between lue first day of October and the tenth day of February in any year, and then only when at least ten heads of families re- siding in the districts affected by the proposed change of boundaries shall present to the superintendent of schools a petition setting forth the changes of boundaries desired, and the reasons for the same; provided, that two or more districts lying contiguous may at any time be united to constitute but one district, whenever a petition signed by a majority of the heads of families residing in each of said districts shall be presented to the superintendent or schools. Third — Joint districts (that is, districts lying partly in one county and partly in another) may be formed at any time between the first day of October and the tenth day of February in any year, whenever a petition signed by the parents or guarians of at least fifteen census children, residents of such proposed joint district and residing at a greater distance than two miles by a traveled road from any public schoolhouse, shall be presented to the superintendent of each county affected by the proposed formation of the joint district; and provided further, that the provision re- quiring that the petitioners shall reside a distance of more than two miles by a traveled road from any public school- 333 PUBLIC SCHOOL.S. 5§ 1578-lS7a house may be dispensed with when the petition shall be signed by the parents or guardians of fifty or more census children residents of districts any one of which contains more than three hundred census children. All the provi- sions relative to the formation of joint districts shall be by concurrent action of the superintendent and the board of supervisors of each county affected; still further provided, that by concurrent action of the boards of supervisors and the county school superintendents, contiguous school dis- tricts or parts of such school districts lying in different counties may, on proper petitions as above required, be united to form a joint school district, and the school prop- erty within the territory thus united shall become the property of the newly formed joint school uistrict. Fourth — Children residing in newly formed district. The children residing in any newly formed district, in any dis- trict whose boundaries have been changed, or in any joint district, shall be permitted to attend the school in the dis- trict or districts from which the newly formed district was constituted until the first day of July next succeeding the formation or change. Fifth— Transfer of funds. Whenever a district shall be united with a municipality or with another district, all funds belonging to said district shall be transferred, by requisition of the superintendent of the county upon the county auditor, to the municipality or district with which said district is united. En. March 12, 1872. Am'd. 1873-4, 92; 1875-6, 27; 1880, 34; 1881, 40; 1885, 16; 1889, 184; 1893, 245; 1903, 358; 1905, 404. Cal. Rep. Cit. 101, 659; 108, 280; 108, 281; 127, 120; 138, 255. § 1578. Duties of superintendent on receipt of petition. After giving due notice to all parties interested, by sending notice by registered mail to each of the trustees of any school district that may be affected by the proposed change, or by causing notices to be posted in three public places in each district affected, one of which shall be at the door of the schoolhouse of said district, for at least one week, the county superintendent must transmit the petition to the board of supervisors, with liis approval or disapproval. If he approves the petition he may note Siich changes in the boundaries as he may think desirable. En. March 12, 1872. Am'd. 1873-4, 93; 1889, 185. Cal. Rep. Cit. 108, 280; 108, 281. § 1579. Duties of supervisors on same. The board of supervisors must, at their first meeting after the receipt §§ 15S0-15S3 PUBLIC SCHOOLS. 334 of the petition, act upon the same. If the board establishes the district, they may do so in accordance with the original prayer of the petition, or with such modifications as they choose to make. En. March 12, 1872. Am'd. 1873-4, 93. Cal. Rep. Cit. 108, 280; 108, 281. § 1580. New district, when not to share in school mon- eys. (Repealed.) En. March 12, 1872. Rep. 1889, 18-5. § 1581. Action creating new districts void in certain events. After the making of an order by the board of supervisors creating a new district, the school must be opened therein not later than the second Monday of Sep- tember in the year in which the order was made; otherwise said order shall be null and void. En. March 12, 1872. Am'd. 1891, 157; 1893, 246. Cal. Rep. Cit. 99, 29; 138, 256. § 1582. New district, when to share in school moneys. (Repealed.) En. March 12, 1872. Rep. 1891, 185. § 1583. Management of joint districts. Whenever a district lies partly in one county and partly in another, the county superintendent must apportion to such dis- trict such proportion of the school money to which such district is entitled as the number of school census children residing in that portion of the district situated in his county bears to the whole number of school census children in the whole district. The text-books to be used and the rules governing the school in such district shall be those adopted by the board of education of the county in which the schoolhouse in said joint district is located. The trustees and teachers of joint district shall make to the superin- tendents of each county in which the district is located the reports which other trustees and teachers are re- quired to make, and also the number of pupils attending the school from each county. The teacher in such joint district shall not be required to hold a certificate in both counties. En. Stats. 1880. 34. Am'd. 1891, 157; 1893, 246. 335 PUBLIC SCHOOLS. SS 1593-1595 ARTICLE VI. ELECTIONS FOR SCHOOL TRUSTEES. § 1593. Elections for trustees, when and where held. § 1594. Elrctions In new districts. (Kepealed.) § 1595. Notices of election. § 1596. Forming precincts and appointing Inspectors and judges. § 1597. Opening and closing polls. § 1398. Who may vote. § 1599. A'oting must be by ballot. $ 1600. Challenge*. § 1601. Poll lists. § 1602. Certificates of election. § 1593. Election for trustees, when and where held. An election for school trustees must be held in each school district on the first Friday of April of each year, at the dis- trict schoolhouse, if there is one, and if there is none, at the place to be designated by the board of trustees. 1. The number of school trustees for any school district, except where city boards are otherwise authorized by law, shall be three. No person shall be deemed eligible to the office of trustee on account of sex. 2. In new school districts - the school trustees shall be elected on the first Friday .of April subsequent to the for- mation of the district, to hold office for one, two or three years, respectively, from the first day of July next suc- ceeding their election. 3. When a vacancy occurs from any of the causes speci- fied in section nine hundred and ninety-six of this code, the county superintendent of schools shall appoint a suit- able person to fill such vacancy until the first day of July next succeeding the appointment, and a trustee shall be elected at the next April election, to hold office for the remainder of the term. 4. Except as provided in subdivision two and three of this section, one trustee shall be elected annually, to hold office for three years from the first day of July next suc- ceeding his election, or until his successor shall be elected, or appointed, and qualified. En. March 12, 1872. Am'd. 1873-4, 80; 1880, 35; 1881, 40; 1887, 142; 1889, 185; 1893, 247; 1905. 48. Cal. Rep. Cit. 88, 373; 129, 606. § 1591. Elections in new districts. (Repealed.) En. March 12, 1872. Rep. 1889, 185. § 1595. Notices of election. Not less than ten days before the election required under section fifteen hundred §§ 159R-1600 PUBLIC SCHOOIS. 836 and ninety-three, the trustees must post notices in three public places in the district, which notices must specify the time and place of election, and the hours during which the polls will be kept open; if within five days of the election the trustees have failed to post the notices re- quired under this section, then any three electors of the district may give notice of such election. En. March 12, 1872. Am'd. 1873-4, 93. § 1596. Forming precincts and appointing inspectors and judges. Trustees or board of education charged with the calling, conduct and carrying on of elections, may sub- divide the district into election precincts for the holding of the election, and may change and alter such precincts as often as occasion may require, and must appoint one in- spector and two judges of election in each precinct; if none are so appointed, or, if those appointed are not present at the time for opening the polls, the electors present may appoint them, and they shall conduct the election. En. March 12, 1872. Am'd. 1891, 157; 1893, 247; 1903, 354. Cal. Rep. Cit. 101, 660. § 1597. Opening and closing polls. In districts in which the number of children between five and seventeen years of age exceed five hundred, the polls must be opened at eight o'clock A. M., and kept open until sundown. In other districts the polls must not be opened before nine o'clock A. M., nor kept open less than four hours. En. March 12, 1872. Am'd. 1880. 35. Cal. Rep. Cit. 124, 12; 124, 703. § 1598. Who may vote. Every elector, resident of the school district, who is a qualified elector of the county, and who is registered in the precinct where the election is beld at least thirty davs before the election, may vote there- at. En. March 12, 1872. Am'd. 1880, 35; 1905, 432. § 1599. Voting must be by ballot. The voting must be by ballot (without reference to the general election law in regard to nominations, form of ballot, or manner of voting), which 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. En. March 12, 1872. Am'd. 1873-4. 94; 1891, 157; 1893. 247. § 1600. Cliailenges. Anv person offering to vote may be challenger! by any elector of the district, and the judges of election must thereupon administer to the person chal- lenged an oath, In substance as follows: "You do swear 337 PUBLIC SCHOOLS. §S 1601-1612 that you are a citizen of the United States, that you are twenty-one years of age, that you have resided in this state one year, in this county ninety days, and in this school dis- trict thirty days preceding this election, and that your name is on the great register of this county, and was on the great register of a precinct in this school district at least thirty days before this election, and that you have not be- fore voted this day." If he takes the oath prescribed in this section, his vote must be received, otherwise his vote must be rejected. En. March 12, 1872. Am'd. 1873-4, 94; 1880, 35; 1905, 433. Cal. Rep. Cit. 119, 618. § 1601. Poll lists. A poll and tally list must be kept and returned to the board of trustees. En. March 12, 1872. § 1602. Certificates of election. The officers of election must publicly canvass the votes immediately after closing the polls, and make, sign, and deliver certificates of elec- tion to the person or persons elected, which must, with the oath of oflQce of the person so elected attached, be for- warded to the county superintendent of schools, and filed in his office. En. March 12, 1872. Am'd. 1873-4, 94; 1893. 248. ARTICLE VII. BOARDS OF TRUSTEES OF SCHOOL DISTRICTS, AND CITY BOARDS OF EDUCATION. § 1611. School disti-ict government. § 1612. Terms of office, new districts, etc. (Repealed.) § li'13. Term of office. I 1G14. Vacancies, how filled. § lfil,'>. Tuistees of new districts and joint districts. § 1616. Boards of education provided for by special statutes. § 1617. General powers of boards of trustees and of education. § 1618. Separate classes for deaf pupils. § 1613. Must maintain all schools for equal length of time. § 1620. Stationery, etc., to be furnished to pupils. § 1621. School moneys, how used. § 1622. Same. § 1623. Liabilities of trustees on contracts. § 1624. Liability of board for dereliction as to school moneys. I 1625. Persons to be admitted. (Repeale'd.) § 1611. School district government. Except when otherwise authorized by law, every school district shall be under the control of a board of school trustees, consisting of three members. En. Stats. 1873-4, 95. Am'd. 1880, 36. § 1612. Terms of office, new districts, etc. (Repealed.) En. Stats. 1873-4, 95. Am'd. 1887, 143. Rep. 1889, 185. Pol. Code— 22 §§ 1613-1617 PUBLIC SCHOOLS. 838 § 1613. Term of office. The term of office of school trustees is three years, from the first day of July next succeeding their election. En. March 12, 1872. Am'd. 1887, 143. § 1614. Vacancies, liow filled. First. Vacancies in the office of school trustee are caused by the happeniug of any of the events specified in section nine hundred and ninety- six of the Political Code, or by failure to elect, as provided in section one thousand five hundred ond ninety-three of this code. Second. When a school trustee resigns, his resignation must be sent in writing to the county superintendent of schools. En. March 12, 1872. Am'd. 1889, 185; 1893, 248. § 1615. Trustees of new districts and joint districts. First. When a new district is organized, such of the trustees of the old district as reside within the boundaries of the new shall be trustees of the new district until the expiration of the time for which they were elected. Second. When joint districts are formed, three trustees shall be elected at the April election next succeeding the formation thereof, to hold office for one, two and three years, respectively, from the first day of July next succeed- ing their election. The terms of the trustees in the dis- tricts uniting to form the joint district shall expire on the formation of said joint district, and the superintendent of the county, in which lies the district having the greater number of census children shall appoint two trustees, and the superintendent of the county in which the other district lies shall appoint one trustee, to hold office until the first day of July next succeeding the formation of the joint district. En. March 12, 1872. Am'd. 1893, 248; 1905, 53. § 1616. Boards of education provided for by special statutes. Boards of education are elected in cities under the provisions of the laws governing such cities, and their powers and duties are as prescribed in such laws, except as otherwise in this chapter provided. En. March 12, 1872. Am'd. 1880, 3G. Cal. Rep. Cit. 82, 488; 97, 433; 97, 434; 107. 188; 129, 606. § 1617. General powers of boards of trustees and of education. The powers and duties of trustees of school districts, and of boards of education in cities, are as follows: 339 PUBLIC SCHOOLS. 5 1617 First. To prescribe and enforce rules, not inconsistent with law or those prescribed by the state board of educa- tion, for their own government and government of schools, and to transact their business at regular or special meet- ings, called for such purpose, notice of which shall be given each member. Second. To manage and control the school property within their districts, and to pay all moneys collected by them, from any source whatever, for school purposes, into the county treasury, to be placed to the credit of the special fund of their districts. Third. To purchase text-books of the state series for the use of pupils whose parents are unable to purchase them, school furniture, including organs and pianos, and apparatus, and such other things as may be necessary for the use of schools; provided, that except in incorporated cities having boards of education, they purchase such books and apparatus only as have been adopted by the county board of education. Fourth. To rent, furnish, repair, and insure the school property of their respective districts. Fifth. When directed by a vote of their district, to build schoolhouses or to purchase or sell school lots. Sixth. To make, in the name of the district, conveyances on all property belonging to the district, and sold by them. Seventh. To employ the teachers, and, excepting in in- corporated cities having boards of education, immediately notifv the superintendent of schools, in writing, of such employment, naming the grade of certificate held by the teachers employed; also, to employ janitors and other employees of the schools; to fix and order paid their com- pensation, unless the same be otherwise prescribed by law; provided, that no board of trustees shall enter into any contract with such employees to extend beyond the thir- tieth day of June next ensuing. Eighth. To suspend and expel pupils for misconduct. Ninth. To exclude from schools children under six years of age; provided that in cities and towns in which the kindergarten has been adopted, or may hereafter be adopted, as a part of the public primary schools, children may be admitted to such kindergarten classes at the age of four years. Tenth. To enforce in schools the course of study and the use of text-books prescribed and adopted by the proper authority. § 1617 PUBLIC SCHOOLS. 8*) Eleventh. To appoint district librarians, and enforce the rules prescribed for the government of district libra- ries. Twelfth. To exclude from school and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character. Thirteenth. To furnish books for the children of parents unable to purchase them; the books so furnished to be- long to the school district, and to be kept in the district school library when not in use. Fourteenth. To keep a register, open to the inspection of the public, of all children applying for admission and entitled to be admitted into the public schools, and to notify the parents or guardians of such children when vacancies occur, and receive such children into the schools in the order in which they are registered. Fifteenth. To permit children from other districts to attend the schools of their district only upon the consent of the trustees of the district in which such children reside; provided, that should the trustees of the district in which children whose parents or guardians desire them to attend in other districts reside refuse to grant their consent, the parents or guardians of such children may appeal to the county superintendent and his decision shall be final. Sixteenth. On or before the first day of April in each year, to appoint a school census marshal, and notify the superintendent of schools thereof; provided, that in any city, or city and county, the appointment of all school census marshals shall be subject to the approval of the city superintendent of schools. Seventeenth. To make an annual report, on or before the first day of July, to the superintendent of schools, in the manner and form and on the blanks prescribed by the superintendent of public instruction. Eighteenth. To make a report, whenever required, di- rectly to the superintendent of public instruction, of the text-books used in their schools. Nineteenth. To visit every school in their district at- least once in each term, and exami e carefully into its management, condition and wants. Ihis clause to apply to each and every member of the board of trustees. Twentieth. Boards of trustees i^aj, and upon a petition signed by a majority of the heads of families resident in the di.strict as shown by the last preceding school census must, call meetings of the qualified electors of the district 341 PUBLIC SCHOOLS. § IfiH for determining or changing the location of the school- house, or for consultation in regard to any itigation in which the district may be engaged, or be likely to become engaged, or in regard to any affairs of the district. Such meetings shall be called by posting three notices in pub- lic places, one of which shall be in a conspicuous place on the schoolhouse, for not less than ten days previous to the time for which the meeting shall be called, which no- tices shall specify the purposes for which said meeting shall be called; and no other business shall be transacted at such meetings. D- strict meetings shall be organized by choosing a chairman from the electors present, and the district clerk shall be clerk of the meeting, and shall enter the minutes thereof on the records of the district. A meeting so called shall be competent to instruct the board of trustees: 1. In regard to the location or change of location of the schoolhouse, or the use of the same for other than school purposes; provided, that in no case shall the schoolhouse be used for purposes which necessitate the removal of any school desks or other school furniture. 2. In regard to the sale and purchase of school sites. 3. In regard to prosecuting, settling, or compromising any litigation in which the district may be engaged, or be likely to become engaged, and may vote money, not ex- ceeding one hundred dollars in any one year, for any of these purposes, in addition to any amount which may be raised by the sale of district school property, and the insur- ance of property destroyed by fire; provided, that the pro- ceeds of the insurance of the library and apparatus shall be paid into the library fund. All fimds raised by the sale of school property may be disposed of by direction of a district meeting. District meetings may be adjourned from time to time, as found necessary, and all votes in- structing the board of trustees shall be taken by ballot, or by ayes and noes vote, as the meeting may determine. The board of trustees shall, in all cases be bound by the in- structions of the district meeting in regard to the subjects mentioned in this section; provided, that the vote in fa- vor of changing the location of the schoolhouse shall be two thirds of all the electors voting at said meeting upon the proposition to change the location. Twenty-first. Without the vote of the district to prose- cute or compromise anj^ litigation, claims, demands and causes of action arising from the destruction, partial or total, of any school building in the course of construction §§ 161S, 1619 PUBLIC SCHOOLS. 342 during the month of April, A. D., one thousand nine hun- dred and six, in which tlie district is or shall hereafter be engaged, and devote money for any of these purposes. En. March 12, 1872. Am'd. 1873-4, 81; 1877-8, 28; 1880, 36; 1881, 41; 1889, 185; 1891, 158; 1893, 248. June 14, 1906. Cal. Rep. Cit. 48, 57; 55, 494; 82, 488; 82, 494; 82, 496; 82, 594; 93, 418; 97. 434; 97, 435; 97, 436; 99, 29; 102, 185; 104. 354; 138, 704; 139. 459; ±39, 460; 139, 461. Subd. 7—55, 492; 55, 493; 55, 495; 82, 495; 139, 453. Subd. 8—139, 454. Subd. 9—107, 191. Subd. 14— 127, 125; 129, 606. Subd. 17— 82, 591. Subd. 20— 87, 172; 139, 454. Act prohibiting soliciting of supervisor: See post. Ap- pendix, title Officers. Act to prevent discrimination against female teachers: See General Laws, title Schools. § 1618. Separate classes for deaf pupils. The board of education of every city or city and county, or board of school trustees of every school district in this state, con- taining five or more deaf children, or children who from deafness are unable to hear common conversation, between the ages of three and twenty-one years, may in their discretion establish and maintain separate classes in the primary and grammar grades of the public schools, where- in such pupils shall be taught by the pure oral system for teaching the deaf. En. March 12, 1872. Rep. 1873-4, 111. En. Stats. 1880, 17. Rep. 1889, 188. En. 1903, 96. Cal. Rep. Cit. 55, 492; 55, 496; 114, 151. § 1619. Must maintain all schools for equal length of time. First. The boards of school trustees and city boards of education must maintain all the schools estab- lished by them for an equal length of time during the year, and, as far as practicable, with equal rights and privileges. Second. When, in any district, it is necessary for the convenience of the residents of said district that the school therein should be maintained a part of the year in one portion of the district, and a part of the year in another portion of the district, the aggreg'ate of the time the school has been maintained in the different portions of the district shall be considered in estimating the time for which a school has been maintained in the district during the school year. En. March 12, 1872. Am'd. 1880, 38; 1893, 251. 343 PUBLIC SCHOOLS. §§ 1620-1623 § 1620. Stationery, etc., to be furnished to pupils. Writ- ing and drawing paper, pens, inks, blackboards, blackboard rubbers, crayons, and lead and slate pencils, and other necessary supplies for the use of the schools, must be furnished under the direction of the city boards of educa- tion and boards of school trustees, and charges therefor must be audited and paid as other claims against the county school fund of their districts are audited and paid. En. March 12, 1872. Am'd. 1873-4, 95; 1880, 38; 1881, 43; 1889, 188; 1893, 251. § 1621. School moneys, how used. The boards of school trustees and city boards of education must use the school moneys received from the state and county apportionments exclusively for the support of schools for that school year, until at least an eight months' school has been maintained; if at the end of any year during which an eight months' school has been maintained there is an unexpended bal- ance, it may be used for the payment of claims against the district outstanding, or it may be used for the year suc- ceeding. Any balance remaining on hand at the end of any school year in which school has not been maintained eight months shall be reapportioned by the superintendent of schools as other moneys are apportioned; provided, that if a district has been prevented from maintaining a school for eight months in any year in consequence of fire, flood, prevailing epidemic, or other cause, which may, upon in- vestigation by the superintendent of the county, be deter- mined to be a good and sufficient one, said balance shall not be reapportioned. En. March 12, 1872. Am'd. 1873-4, 95; 1880, 38; 1881, 43; 1893, 251. Cal. Rep. Cit. 97, 435; 134, 592. § 1622. Same. Boards of trustees may use the county school moneys for any of the purposes authorizea by this chapter, but all state school moneys must, except the ten per cent reserved for district school library purposes, be applied exclusively for the payment of teachers of primary and grammar schools. En. March 12, 1872. Am'd. 1880, 38. Cal. Rep. Cit. 134, 66. Conforms to Const. Cal., art. IX, sec. 6. § 1623. Liabilities of trustees on contracts. Boards of trustees are liable as such, in the name of the district, for any judgment against the district for salary due any teach- er on contract, and for all debts contracted under the pro- visions of this chapter, and they must pay such judgment §§ 1624-1634 PUBLIC SCHOOLS. 84* or liabilities out of the school moneys to the credit of such district; provided, that the contracts mentioned in this section are not in excess of the school moneys accruing to the district for t'he school year for which the contracts are made, otherwise the district shall not be held liable. En. March 12, 1872. Am'd. 1873-4, 96. Cal. Rep. Cit. 134, 66; 140, 561. § 1624. Liability of board for dereliction as to school moneys. If any board of trustees, or city board of educa- tion, fail to appoint a census marshal at the proper time, and through such failure the district is omitted in the apportionment of school moneys, the trustees or members of the city board of education are jointly and severally personally liable to the district for the full amount which the district would have received but for such failure; and the amount may be recovered in an action brought by any citizen of such district or city, in the name of and for the benefit of the district or city. En. March 12, 1872. Am'd. 1880, 38. See post, sec. 1634-1640. § 1625. Persons to be admitted. (Repealed.) En Stats. 1887, 125. Rep. 1891, 164. ARTICLE VIII. DISTRICT CENSUS MARSHALS. § 1634. Duty of census marshal. § 1635. Where district in two counties. § 163G. Report of. § 1G37. Children absent at school, orphans, etc., to be listed. § 1638. Children ."if non-residents, when not to be Included. § 1639. Compensation of marshal. § 1640. Failure to leport, a misdemeanor. § 1634. Duty of census marshal. It is the duty of the census marshal: First. To take annually, between the fifteenth and thirtieth days of April, inclusive, a census of all children, including the children of Indian parents who pay taxesi or who are not living in the tribal relation, under seven- teen years of age, who were residents of his district on said fifteenth day of April. Second. To report the results of his labors to the super- intendent of .schools (or to the board of education in cities), on or before the tenth day of May in each year. Third. Ho shall visit each habitation, home, residence, domicile, or place of abode in his district, and by actual 345 PUBLIC SCHOOLS. §§ 1635, 1636 observation and interrogation enumerate the census chil- dren of the same. Fourth. Before entering upon the discharge of his du- ties as such, the census marshal must qualify and file his oath of office in the office of the superintendent of schools. En. March 12, 1872. Am'd. 1873-4, 96; 1881, 43; 1893, 251. Cal. Rep. Cit. 134, 66. § 1635. Where district in two counties. Whenever a district is formed, lying partly in two adjoining counties, the census marshal must report to each county superin- tendent the number of children in each county. En. March 12, 1872. Am'd. 1873-4, 96. § 1636. Report of. His report must be made under oath upon blanks furnished by the superintendent of public in- struction, and must show: First. The number, age, sex, color, name and nationality of the children listed, and the number of those who from deafness are unable to hear common conversation. Second. The names of the parents or guardians of said children, arranged alphabetically, except in cities of the first class. In all cities the number and street of resi- dence must be given. Third. The number of school children in each house, or family, that have not been vaccinated. Fourth. Such other facts as the superintendent of pub- lic instruction may designate. Fifth. The census marshal shall have power to admin- ister oaths to parents and guardians. Sixth. If at any time the superintendent of schools has reason to believe that a correct census of the district has not been taken, he must have it corrected, and if necessary for the purpose he may appoint a census marshal, and have the census of the district retaken. Should the board of education or the board of school trustees of said city or district fail or refuse to issue an order for the compensa- tion of said marshal for his services, the superintendent of schools is hereby authorized to issue his requisition there- for against the county fund of such city or district with- out such order. Seventh Whenever, by reason of conflagration or other public calamity, it shall be, or has been, impossible or im- practicable in any city, city and county, or school district to take or make between the fifteenth and thirtieth days of April, inclusive, a census of all children between the ages of five and seventeen years, as provided in Part III, of this 12 §§ 1637-1639 PUBLIC SCHOOLS. S46 code, the superintendent of schools shall, as a substitute for such census, use the school census of such city, city and county, or school district of the next preceding school year, adding thereto or deducting therefrom the percen- tage of average annual loss or gain in the number of chil- dren of census age within such city, city and county, or school district, ascertained from an inspection and exam- tion of the school census record for the preceding ten years in said city, city and county, or school district, and such census when so prepared shall be conclusive on all school authorities. En. March 12, 1872. Am'd. 1873-4, 96; 1881. 43; 1889, 188; 1893, 252; 1903, 95; June 14, 1906. § 1637. Children absent at school, orphans, etc., to be listed. He must include in his report all children who are absent attending institutions of learning, and whose pa- rents or guardians are residents of the district; he must also include as census children the children of Indian pa- rents who are not living in tribal relations. Orphan chil- dren, half-orphan children, and children living in orphan- ages and attending public school shall be listed in the dis- trict in which the orphanage is located under the guardian- ship of the matron of the orphanage; he must also include all native-born Chinese children. En. March 12, 1872. Am'd. 1893, 252; 1901, 51. Cal. Rep. Cit. 134, 66. § 1638. Children of non-residents, when not to be in- cluded. He must not include in his report children who are attending institutions of learning or such benevolent insti- tutions as deaf and dumb, blind, and orphan asylums in his district, whose parents or guardians do not reside therein, unless such children attend the public school in the school district in which such benevolent institution or orphanage is located. En. March 12, 1872. Am'd. 1873- 4, 97; 1893, 252; 1901, 52. § 1639. Compensation of marshal. The compensation of census marshal must be audited and paid as other claims upon the school fund of the district are audited and paid; provided, such compensation shall not exceed six dollars per day for time actually and necessarily employed; and provided further that in no case shall the compensation be computed at a per capita sum; nor shall any order for such compensation be drawn by the trustees of any dis- trict, or by any board of education, until they shall have been notified by the superintendent that the report of the census marshal has been approved by him. In case the re- 347 PUBLIC SCHOOLS. §§ 1640-1651 port should not be approved by the superintendent, the census marshall shall not be entitled to receive any com- pensation. En. March 12, 1872. Am'd. 1889, 188; 1893, 253. § 1640. Failure to report, a misdemeanor. If the census marshal neglect or refuses to make his report at the time and in the manner herein required, or to perform any other duty devolved upon him, he must be deemed guilty of a misdemeanor, and on conviction be punished by fine or imprisonment. En. Stats. 1873-4, 85. ARTICLE IX. OLERKy OF SCHOOL DISTRICTS. § 1619. When ani how elected. § 1650. General duties of. § 1651. When to provide supplies, etc. § 1652. "When to act as other officers. (Repealed.) § 1649. When and how elected. Boards of trustees must annually, on the first Saturday of July, meet and elect one of their number clerk of the district; and if a clerk is not elected at this date, the superintendent shall appoint. En. March 12, 1872. Am'd. 1891, 160. § 1650. General duties of. It is the duty of the clerk: First. To call meetings of the board at the request of two members, and to act as clerk of the board, and keep a record of its proceedings, and an accurate account of the receipts and expenditures of school moneys. Second. To keep his records and accounts open to the inspection of the electors of the district, in suitable books provided by the board of school trustees for that purpose. Third: To place the monthly journal designated as the official organ of the department of public instruction in the school district library each month; and if he fails to receive it regularly, to immediately notify the publishers of such fact. Fourth. To perform such other duties as may be pre- scribed by the board. En. March 12 1872. Am'd. 1889, 188; 1891, 160; 1893, 253. § 1651. When to provide supplies, etc. The clerk of each district must, under the direction of the board of trustees, provide all school supplies authorized by this chapter, keep the schoolhouse in repair during the time school is taught therein, and exercise a general care and supervision over the school premises and school property during the vacations of the school. En. March 12, 1872. Am'd. 1889, 189; 1893, 253. §§ 1652-1663 PUBLIC SCHOOLS. 348 § 1652. When to act as other officers. (Repealed.) En. March 12, 1872. Rep. 1880, 47. ARTICLE X. SCHOOLS. 5 1662. Who may be admitted to. § 1663. Schools to be clapsifled. § 1664. To be taught in the English language. § 1665. Course of instruction. § 1666. Other studies. § 1667. Instruction in manners, etc. § lfi6S. Physical exercise, etc. § 1669. Kstablishment of high schools. § 1670. Same. § 1671. Same. § 1672. Sectarian books aJi'J teachings prohibited. § 1673. Duration of daily sessions. § 1674. Formation and maintenance of union school districts. § 1662. Who may be admitted to. Every school, unless otherwise provided by law, must be open for the ad- mission of all children between six and twenty-one years of age residing in the district, and the board of school trustees, or city beard of education, have power to admit adult.? and children not residing in the district, whenever good reasons exist therefor. Trustees shall have the power to exclude children of filthy or vicious habits, or chil- dren suffering from contagious or infectious diseases, and also to establish separate schools for Indian children and for children of Mongolian or Chinese descent. When such separate schools are established, Indian, Chinese, or Mon- golian children must not be admitted into any other school; provided, that in cities and towns in which the kinder- garten has been adopted or may hereafter be adopted as part of the public primary schools, children may be ad- mitted to such kindergarten classes at the age of four years; and provided further, that in cities or school dis- tricts in which separate classes have been or may here- after be established, for the instruction of the deaf, chil- dren mav be admitted to such classes at the age of three years. En. March 12, 1872. Am'd. 1880, 38; 1885, 100; 1891, IGO; 1893, 253; 1903, 86. Cal. Rep. Cit. 82, 592; 82, 593; 82, 594; 99, 29; 107, 191. § 1663. Schools to be classified. (1) The public schools of California, other than those supported exclusive- ly by the state, shall be classed as high schools, technical schools, and grammar and primary schools (including kindergarten classes), and no teacher shall be employed to teach in any school if the certificate held by the teacher ia of a grade below that of the school or class to be 349 PUBLIC SCHOOLS. §§ 1664, 1665 taught; provided, that the holders of existing primary certificates or of the same when hereafter renewed shall be eligible to teach in any of the classes of the schools of the county, or city and county, which the county, or city and county superintendent shall have designated as of the primary grade, or in any school which said superintendent shall have designated as a primary school; and provided further, that nothing herein contained shall be construed . as prohibiting the employment of any person holding a valid special certificate for kindergarten work heretofore granted by anv county, or city and county, board of educa- tion in this state, as a teacher in any kindergarten class of a primary school in the county, or city and county, in which such valid special certificate for kindergarten work shall have been granted. The county, or city and county, board of education must, except in incorporated cities hav- iUj^ boards c education, on or before the first day of July of each year prescribe the course of study in each grade of the grammar and primary schools for the ensuing school year. (2) E^Kce^t in incorporated cities having boards of edu- cation, the county, oi' city and county, board of education shall provide for a final examination and conferring of diplomas of graduation on those pupils who have satis- factorily completed the course of study provided for the grammar and primary schools of the county. (3) The county, or city and county, board of education may amend and change, sub,iect to section sixteen hundred and sixty-five of this cede, the course of study for the grammar and primary schools, whenever necessary. En. j\ arch 12, 1872. Am'd. 1873-4, 97; 1880, 38; 1883, 83; 1889, 189; 1891, 161; 1893, 254; 1901, 670. § 1664. To be taught in the English language. All schools must be taught in the Etiglish language. En. March. 12; 1872. § 1665. Course of instruction. Instruction must be given in the following branches in the several grades in which they may be required, viz.: Reading, writing, or- thography, arithmetic, geography, nature study; language and grammar, with special reference to composition; his- tory of the United States and civil government; elements of physiology and hygiene, with special reference to the effect of alcohol and narcotics on the human system; mu- sic, drawing, and elementary bookkeeping, humane educa- §§ 1666-1669 PUBLIC SCHOOLS. WO tion; provided, that instruction in elementary bookkeep- ing, humane education, elements of physiology and hy- giene, music, drawing, and nature study may be oral, no text-books on these subjects being required to be pur- chased by the pupils; provided further, that county boards of education may, in districts having less than one hun- dred census children, confine the pupils to the studies of . reading, writing, orthography, arithmetic, language and grammar, geography, history of th-j United States and civil government, elements of physiology and hygiene, and ele- m.entary bookkeeping until they have a practical knowl- edge of these subjects; and it is further provided, that no more than twenty recitations per week shall be re- quired of pupils in the secondary schools, and no pupil under the age of fifteen years in any grammar or primary school shall be required to do any home study. En. March 12, 1872. Am'd. 1873-4, 111; 1880, 39; 1887, 142; 1889, 189; 1891, 161; 1893, 254; 1901, 797. Cal. Rep. Cit. 107, 191; 107, 192. § 1666. Other studies. Other studies may be authorized by the board of education of any county, city, or city and county, by such studies if so authorized shall be in lieu of a corresponding number of such numerated studies spe- cified in the preceding section and not in addition thereto. En. March 12, 1872. Am'd. 1880, 39; 1893, 254; 1901, 797. Cal. Rep. Cit. 107, 191; 107, 192. § 1667. Instruction in manners, etc. Instruction must be given in all grades of schools and in all classes during the entire school course, in manners and morals, and upon the nature of alcoholic drinks and narcotics and their effects upon the human system. En. March 12, 1872. Am'd. 1887, 142. Cal. Rep. Cit. 66, 474; 82, 592. § 1668. Physical exercise, etc. Attention must be given to such physical exercises for the pupils as may be con- ducive to health and vigor of the body as well as mind, and to the ventilation and temperature of schoolrooms. En. March 12, 1872. § 1669. Establishment of high schools. High schools may be established and maintained in the manner provided In sections one thousand six hundred and seventy and one thousand six hundred and seventy-one of the Political R61 PUBLIC SCHOOLrS. S 1670 Code. En. March 12, 1872. Am'd. 1873-4, 97. Rep. 1880, 47. En. Stats. 1887, 125. Rep. 1891, 164. En. Stats. 1893, 268. Cal. Rep. Cit. 82, 591; 141, 372; 141. 376; 141, 377. § 1670. Same. First — Any city, incorporated town, or school district accredited by the last preceding school cen- sus with a school population of three hundred or more, may, by a majority vote of the qualified electors voting 'at the election held for the purpose of determining the establishment and maintenance of such high school, estab- lish and maintain a high school, at the expense of such city, incorporated town, or school district. Second — Whenever heads of families equal in number to a majority of the number of heads of families as shown by the last preceding school census, in any city, incorporated town, or school district, accredited by the last preceding school census with a school population of three hundred or more, shall unite in a petition to the board of education or board of school trustees of said city, incorporated town, or school district, for the estab- lishing and maintaining of a high school therein, said board of education or board of school trustees shall peti- tion the county superintendent of schools to call an elec- tion in said city, incorporated town, or school district, for the determination of the question. Third — Within twenty days after receiving said petition from said board of education or board of school trustees, the county superintendent of schools shall call an elec- tion therein for the determination of the question, and shall appoint three qualified electors thereof to conduct said election. Said election shall be called by posting notice thereof in five of the most public places in said city, incorporated town, or school district, and by pub- lication in a daily or weekly paper therein if there be one, for not less than fifteen days. Said election shall be conducted in the manner prescribed for conducting school elections. The ballots at such elections shall contain the words "For high school," and the voter shall write or print after said words on his ballot the word "Yes," or the word "No." It shall be the duty of said election oflBcers to report the result of said election to the county superintendent of schools within ten days subsequent to the holding thereof. Fourth — When the heads of families equal in number to a majority in each district, as shown by the last pre- § 1670 PUBUC SCHOOLS. K'i ceding school census, residing in two or more contiguous school districts in the same county (provided, that said districts are accredited by said school census with a school population of three hundred or more), shall unite in a petition to the county superintendent of schools for the establishing and maintaining of a union high school dis- trict, he shall, within twenty days after receiving said pe- tition, call an election for the determination of the question, and shall appoint three qualified electors in each of the districts petitioning to conduct the election therein. Any head of family residing within the district at the date of petition shall be a competent signer of ■such petition, whether he shall or shall not have been list- ed as the head of a family resident in such district at the last preceding school census; and his signature to such petition shall have the same force and effect as if the name of such petitioner had appeared as that of the head of a family in the last preceding school census of such district; provided, that the superintendent of schools may require such petitioner, or another person for him, to certify under oath that the petitioner is the head of a family residing in the district. Said election shall be held separately and simultaneously at the public schoolhouse in each of the districts petitioning, and shall be called by posting notices thereof in three of the most public places in each district, one of which places shall be the public schoolhouse in each district, at least ten days before said election. Said election shall be conducted by the officers appointed for that purpose, in the manner provided by law for conducting school elections. The ballots at such election in each district shall contain the words "For the union high school," and the voter shall write or print after • said words on his ballot the word "Yes," or the word "No." It shall be the duty of the. said election officers in each district to canvass the vote at said election, and report the result to the county superintendent of schools within five days subsequent to the holding of said election. Within ten days after receiving the returns of said elec- tion, the superintendent of schools shall combine the votes "for" and "against" the establishment of the high school district and declare such result by filing a certificate there- of with the county clerk of the county, which certificate shall show the total number of votes cast in each district in which said election is held, in favor of the high school, the total number of votes in each district against the high school, and the aggregate result of said election. 353 PUBLIC SCHOOLS. S 1870 It shall also be his duty to record, in a book kept by him for that purpose, the facts set forth in the certificate here- in mentioned. Fifth — If a majority of the votes cast in the election provided for in subdivision three of this section in said city, incorporated town, or school district, shall be in favor of establishing and maintaining a high school there- in, it shall be the duty of the county superintendent to call a meeting of the board of education or board of school trustees of said city, incorporated town, or school dis- trict, within fifteen days after receiving the returns of the election held therein, by giving at least ten days' notice, in writing, to every member of said board of education or board of school trustees. The board of education or board of school trustees shall, at said meeting, determine the location and the name of the high school. Sixth — If a majority of the votes cast in the districts petitioning for a union high school shall in the aggre- gate be in favor of establishing and maintaining a union high school therein, the county superintendent shall, with- in fifteen days after receiving the returns of the election held therein, direct the board of school trustees in each of said districts to call a meeting of the qualified electors of their respective districts, in the manner provided In subdivision twenty of section sixteen hundred and seven- teen of the Political Code. At said meeting the qualified electors shall in each district select one representative, whose powers and duties shall be as hereinafter specified. The representatives so chosen shall name the school; they shall thereafter notify the county superintendent of schools that they desire to meet to locate the school. The rep- resentatives so chosen shall meet in conjunction with the county superintendent of schools, at a time and place to be named by the superintenc'ent, for the purpose of determining the location of the union high school. At such meeting the superintendent shall be the chair- man, and shall be entitled to vote and participate in all its proceedings. Should the above representatives fail to unanimously agree upon a location for the high school, they shall propose, in writing, to the county superintendent tLen present, or if he is not present, they shall transmit to his office within ten days the names of the locations which they favor. "Within twenty days after receiving such notice, the superintendent shall call an election as pro- vided in subdivision fourth hereof, to determine the loca- Pol. Code— 23 § 1670 PUBLIC SCHOOLS, 964 tion of the high school. At such election only such sites as have been named by the representatives and certified to the county superintendent shall be voted upon. Any form of ballot by which the voter signifies his choice of location shall be allowed. The result of said election shall be determined and certified to the county super- intendent, as provided in said subdivision fourth. The location which receives the largest number of votes shall be chosen as the location of the high school. The rep- resentatives shall have power to make arrangements for the temporary location of the high school, and if satis- factory apartments or buildings in a suitable location are offered or can be procured for a consideration or at a rental which would make it advisable to accept the same, they shall have the power to secure or lease such apart- ments or building for a period not to exceed three years from the date of its acceptance. No change of location of any high school, when once established, shall be made except upon a petition to the county superintendent of schools, signed by two thirds of the heads of families of the high school district, and then only in accordance with all of the provisions for the original location of the school, as contained in subdivisions four and five of this section. Seventh — In any city, incorporated town, or school dis- trict, which shall have established a high School, the board of education or board of school trustees shall constitute the high school board, and shall have the management and control of said high school. Eighth — In union high school districts composed of more than two school districts, the high school board shall be composed of one member elected from each dis- trict composing the high school district, at the time and in the manner prescribed for the election of school trus- tees, except as otherwise provided in this act. The super- intendent (or superintendents by concurrent action In joint high school districts) shall, in union high school districts composed of three or more school districts, divide the districts composing the union high school district into three classes, as nearly equal in number of school districts as possible, to be designated by him as class A, B, and C, respectively. At the first annual school election following the passage of this act, the districts In class A, as above divided and designated, shall each elect a high school trustee for one year; the districts in class B shall each elect a high school trustee for two years; the dis- 355 PUBLIC SCHOOLS. § 1670 tricts in class C shall each elect a high school trustee for three years. At each annual election thereafter, as terms of office expire, the high school trustees shall be elected for three years, and in case of expiration of term of ap- pointment, for the unexpired term. Vacancies in the high school board shall be filled by appointment by the county superintendent of schools (and in case of joint union high school districts, by appointment of the county superintendent of the county in which the vacancy oc- curred), the appointee or appointees to hold until the first day of July succeeding the appointment. The trustees serving on union high school boards, composed of more than two school districts at the time of the approval of this section as hereby amended, shall hold until their suc- cessors are elected and shall qualify under the provisions hereof; in the formation of new union or joint union high school districts, the representatives selected according to the provisions of subdivision sixth of this section shall constitute the union or joint union high school board until the election or appointment and qualification of the regular board as herein provided. In union high school districts consisting of but two school districts, the union high school board shall be composed of the boards of school trustees of both said districts. Ninth — The union high school board shall meet within ten days subsequent to the locating and naming of the union high school by the parties selected for that purpose, and shall organize by electing a president and a clerk from their own number, to serve until the second Saturday of July next succeeding their election; and thereafter the board shall meet and organize in the same manner on the second Saturday of July of each and every year. Tenth — The high school boards shall hold regular monthly meetings at the high school building at such time as may be provided in the rules and regulations adopted by them for their own government. Special meet- ings may be held at the call of the president of the re- spective boards. Upon the request, in writing, signed by the majority of any board, the president of said board shall call a meeting thereof. Of all special meetings of any board the members thereof shall have at least two days' notice, issued and served by the clerk thereof. At special meetings no business shall be transacted other than as specified in the call therefor; provided, that in union high school districts composed of more than two districts the regular meetings as above provided shall be quarterly; and provided further, that the union high § 1670 PUBLIC SCHOOLS. 868 school board in said union high school districts may ap- point an executive committee, consisting of the president and secretary and one other member of the board, no two of whom shall be from the same school district, to attend to the routine business of the board, their action to be reported to the board for ratification at its first regular meeting ensuing. Eleventh — The powers and duties of high school boards shall be such as are now or may hereafter be assigned by law to boards of education or boards of school trustees. In any city incorporated town, school district or union high school district, which shall have voted to establish and maintain a high school, or which is now maintaining a high school, the high school board of such high school district may, when in its judgment it is advisable, and must upon a petition of a majority of the heads of families residing in such high school district, call an election and submit to the electors of the high school district whether the bonds of such high school district shall be issued and sold for the purpose of raising money for purchasing high school lots for building, or purchasing one or more high school buildings, for repairing, restoring or rebuild- ing any high school building damaged, injured or destroyed by conflagration or other public calamity, for insuring the same, for supplying the same with furniture and necessary apparatus, for improving the grounds, or for any or all of said purposes, for liquidating any indebtedness already in- curred, for said purpose, and for refunding any outstanding valid indebtedness, evidenced by bonds or the warrants thereof. Such election must be called by posting notices signed by the high school board, in three of the most public places in the high school district, for not less than twenty days before the election; and if there is a newspaper pub- lished in the county in which said district was organized, by publishing such notice therein not less than once a week for three successive weeks. Such notice must contain: (1) the time and place of holding such election, (2) the names of the inspector and judges to conduct the same, (3) the hours during the day in which the polls will be open, (4) the amount and denomination of the bonds, the rate of interest, and the number of years, not exceed- ing twenty, the whole or any part of said bonds are to run. ^Snch election shall be conducted in conformity with the provisions of sections one thousand five hundred and ninety-six, one thousand five hundred and ninety-seven, one thousand five hundred and ninety-eight, one thousand 357 PUBLIC SCHOOLS. 8 IS'*" five hundred and ninety-nine, one thousand six hundred, one thousand six hundred and one, and one thousand eight hundred and thirty-four of this code, except that the vr'ords to appear upon the ballots shall be "High school bonds — yes," or "High school bonds — no." On the seventh day after said election at one o'clock P. M., the returns having been made to the high school board of such high school district, such high school board must meet and canvass said returns, and if it appears that two-thirds of the votes cast at said election were cast in favor of issu- ing such bonds, then such high school board shall cause an entry of that fact to be made upon its minutes, and shall certify to the board of supervisors of the county in which such district was organized all of the proceedings had in the premises, and thereupon said board of super- visors shall be and it is hereby authorized and directed to issue the bonds of such high school district, to the number and amount provided in such pi^oceedings, payable out of the building fund of such high school district, nam- ing the same, and that the money shall be raised by taxes upon the taxable property in said high school district for the redemption of said bonds and the payment of the inter- est thereon; provided, that the total amount of bonds so is- sued shall not exceed five per cent of the taxable property of the high school district as shown by the last equalized as- sessment of the county or counties in which such district is located. The board of supervisors by an order entered upon its minutes shall prescribe the form of said bonds and of the interest coupons attached thereto, and must fix the time when the whole or any part of the principal of said bonds shall be payable, which shall be not more than twenty years from the date thereof. Said bonds must not bear a greater amount of interest than eight 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 supervisors, but 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 the said high school district, and be drawn out for the purposes aforesaid as other school moneys are drawn out. The board of supervisors of the county in which such high school district was organized, at the time of making the levy of taxes for county purposes, must levy a tax for that year upon the taxable property in such high school district for the interest and redemption of said bonds, and said tax must not be less than sufficient to pay the § 1670 PUBLIC SCHOOLS. 358 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 tho first half of the term said bonds have to run, a suffi- cient sum to pay the interest thereon; and during the balance of the term high enough ^^o pay such annual inter- est, and to pay, annually, a proportion of the principal of said bonds, equal to the 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 taxes so levied, when collected, shall be paid into the county treasury of the county in which such district was organized, to the credit of the building fund of such high school district, and be used for the payment of the principal and interest on said bonds and for no other pur- pose. The principal and interest on said bonds shall be paid by the county treasurer upon the warrant of the auditor out of the fund provided therefor; and it shall be the duty of the auditor to cancel and file with the treasurer of the county in which such district was or- ganized the bonds and coupons as rapidly as they are paid. That part of any high school district which has been admitted to said high school district from another county, under the provisions of this section, shall ba deemed a part of the county wherein such high school dis- trict was organized, for all purposes connected with the issuance of the bonds of said high school district, includ- in • the levying and collecting of taxes for the payment of the principal anrl interest of said bonds. If the board of supervisors of any county which has issued bonds under the provisions of this act shall fail to make the levy necessary to pay such bonds or interest coupons at maturity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner may file the bond, together with all unpaid coupons, with the state controller, taking his receipt therefor, and the same shall be registered in the state controller's office, and the state board of equalization shall at Its next session, and at each annual equalization thereafter, add to the state tax to be levied in said high school dis- trict a sufficient rate to realize the amount of principal or interest due prior to the next levy, and the same shall be levied and collected as a part of the estate tax and paid into the state treasury and placed to the special credit of such high school district bond tax, and shall be paid by warrants, as the payments mature, to the holders 359 PUBLIC SCHOOLS. S W^O of such registered obligations as shown by the register in the ofllce of the state controller until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said high school district. "Whenever any bonds issued under the provisions of this title 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 high school board of the high school district, for and on account of which such bohds were issued, may petition the board of supervisors of the county in which such high school district was organized to cause such unsold bonds to be withdrawn from the market and canceled. Upon receiving such petition, signed by a majority of the mem- bers of said high school board, the said board of super- visors shall fix a time for hearing the same, which shall not be more than thirty days thereafter, and shall cause a notice, stating the time and place of hearing, and the object of the petition in general terms, to be published for ten days prior to the day of hearing, in some news- paper published in said high school district, if there is one, and if there is no newspaper published in said high school district, then in a newspaper published at the coun- ty seat of the county in which such high school district was organized. At the time and place designated in the notice for hearing said petition, or at any subsequent time to which said hearing may be postponed, the board of supervisors of the county in which such high school district was organized shall hear any reasons that may be submitted for or against the granting of the petition, and if said board shall deem it for the best interests of the high school district named in the petition, that such un- sold bonds be canceled, said board shall make and enter an order in the minutes of its proceedings that said un- sold 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. Twelfth — The course of study for the respective high schools shall be prepared by the high school board, and, except in cities and incorporated towns, shall be subject to the approval of the county board of education. Said course of study shall embrace a period of not less than three years; and it shall be such as will prepare graduates therein for admission into the state university. The high school board may prescribe an additional course or addi- § 1670 PUBLIC SCHOOLS. MO tional courses of study, subject to the approval as here- inbefore provided. The text-books to be used in all high schools shall be uniform throughout the state, and shall be adopted by the high school boards, subject to the same restrictions provided for the adoption of the course of ■study, from a list of books prepared and recommended by the state board of education. The state series shall be used in grades and classes for which they may be adapted. Thirteenth — Graduates of the grammar schools shall be admitted to the high schools without examination. Other applicants of the high school district may be admitted in accordance with such rules as may be prescribed by the high school board; provided, that no applicant shall be admitted to the high school who has not practically com- pleted the work of the grammar grades of the county in which the high school is located; provided, that in high schools where the course of study embraces a period of four years, pupils who have completed the course of study prescribed for the seventh grade may, upon passing a satisfactory examination, be admitted. Proficiency is to be determined by the principal, subject to approval by the county board of education. The high school board may admit pupils not residing in any high school district upon the payment of such tuition fees as they may deem proper, and all moneys collected from this source shall be paid into the fund provided for the support of the high school. Fourteenth — ^In any city, incorporated town, school dis- trict or union high school district, which is now main- taining a high school, or which shall have voted to estab- lish and maintain a high school, it shall be the duty of the high school board therein to furnish to the authorities whose duty it is to levy taxes, on or before the first day of September, an estimate of the cost of purchasing a suitable lot, of .procuring plans and specifications, and erecting a suitable building, of furnishing the same, and of fencing and ornamenting the grounds, for the accommo- dation of the school, and of conducting the school for the school year, unless such high school board have secured or leased temporary accommodations or apartments for the use of such high school, as provided in subdivision sixth hereof. If such high school board have secured or leased such temporary quarters, accommodations, or build- ings, they shall furnish to such authorities an estimate of 361 PUBLIC SCHOOLS. 9 WW the amount of money required to establish, operate, and maintain such school in such temporary quarters or loca- tion for the ensuing school year. On the first day of Sep- tember before the time when it will become necessary, by reason of the termination of their lease or agreement, or from any other reason, they shall make arrangements for another lease for a further period not to exceed three yjars, or they shall furnish to the authorities whose duty it is to levy taxes an estimate of the cost of pTirchasing a suitable lot, of procuring plans and specifications, and erecting a suitable building, of furnishing the same, and of fencing and ornamenting the grounds, for the accommoda- tion of the school, and of conducting the school for the school year. It shall be the duty of said board, each and every year thereafter, to present to said authorities, on or before the first day of September, an estimate of the amount of money required for conducting the school for the school year; provided, however, that the high school board therein, may, when in its judgment it is deemed ad- visable, and must upon the petition of the majority of the heads of families residing in said high school district, call an election and submit to the electors of said high school district whether the bonds of said high school district shall be issued and sold for the purposes men- tioned in subdivision eleven of this section, and in case said election is determined in favor of the Issuance of said bonds, the same shall be issued as provided In subdivision eleven of this section for any or all of the purposes men- tioned therein. Fifteenth — ^When such estimate shall have been made and submitted it shall be the duty of the authorities whose duty it is to levy taxes in said city, incorporated town, school district, or tmion high school district, to levy a special tax upon all of the taxable property of said city, incorporated town, school district, or union high school district, sufficient in amount to maintain the high school, or to purchase the site, erect the building, or improve the building or grounds. Said tax shall be computed, entered upon the tax roll, and collected, in the same manner as other taxes are computed, entered, and collected. Sixteenth — Should the high school board of any city, incorporated town, school district, or union high school district, fail to make the estimate provided for in sub- division fourteen of this section, it shall be the duty of § 1670 PUBLIC SCH0O1.B. i«> the superintendent of schools, upon the petition of Ave qualified electors thereof, to make such estimate. Seventeenth — ^^Should the authorities whose duty It is to levy the tax, as provided in subdivision fifteen of this section, fail to make the levy provided for, it shall be the duty of the county auditor to make such levy, and add it to the tax roll of said city, incorporated town, school dis- trict, or union high school district. Eighteenth — All moneys collected from the levy of the tax provided for by this section shall be paid, in cities and incorporated towns, into the treasury thereof, to the credit of the high school fund; and said moneys shall be paid out by the treasurers of said cities or towns upon the warrants of the high school board, signed by the presi- dent and clerk thereof. Nineteenth — All moneys collected from said levy in school districts, or union high school districts, shall be paid into the county treasury to the credit of the district high school fund, or the union high school fund, respec- tively, and shall be paid out on the order of the high •school board, signed by the president and clerk thereof, as other school moneys are paid out. Twentieth — Nothing in this section shall be construed as preventing all of the school districts in any county from uniting to form one or more county high schools; provided, that when any city, incorporated town,^ school district, or union high school district shall vote to maintain a high school, such territory shall be exempt from taxation to support a county high school; and provided further, that when any city, incorporated town, school district, or union high school district shall establish a high school prior to the submission of the proposition to establish a county high school, the electors of such city. Incorporated town, school district, or union high school district shall be excluded from voting upon said proposition; provided further, that in counties where one or more city high schools', district high schools, or union district high schools are maintained, the board of supervisors shall, upon the petition of two thirds of the heads of families in the city high school district, district high school dis- trict, and in each school district composing the union high school district or districts, if there be more than one In the county, submit to all the qualified electors of the county the question of establishing and maintaining a county 863 PUBLIC SCHOOLS. § 1670 high school, and shall take such further steps as provided in section sixteen hundred and seventy-one of this act, relating to high schools. If the majority of all the votes cast on the proposition to establish a county high school are in the affirmative the board of supervisors shall, upon the establishment of the same, declare the high school or high schools existing in the county at the time of the election for a county high school, to be lapsed, and the property of such lapsed high school or schools shall be held or sold by the board of supervisors for the benefit of the county high school. Twenty-first — A school district cannot lie partly within a high school district, or a union or a joint union high school district, and partly without; and in all cases where the boundaries of a school district comprised within any such high school district shall for any cause be changed to include territory not previously in such district, the territory acquired or added to such included district shall become and constitute a part of the high school or union or joint union high school district. Where the boundaries of the districts constituting the union or joint union dis- trict are so changed as to increase the number of districts within its territory, the new school district or districts so created shall continue to be part of the high school dis- trict, and after the first day of July next succeeding its creation, it shall be entitled to representation upon the high school board. Twenty-second — Any school district adjacent to a high school, union, or joint union high school district in the same or in an adjoining county, may be admitted to said high school district by action of the board of supervisors of the county in which the school district is located, upon such terms as may be agreed upon between the trustees of the school district seeking admission and the high school board, whenever a majority of the heads of families, as shown by the last preceding ochool census, shall pre- sent to said board of supervisors a petition for such an- nexation, accompanied by a petition signed by a majority of the members composing the high school board of the district to which admission is desired. Any district con- tained in a union or joint union high school district may. in like manner, withdraw from such union or joint union district by action of the board of supervisors of the county in which the district is located, upon such terms as may be agreed upon between the trustees of the school § 1670 PUBLIC SCHOOLS. »4 district seeking to withdraw and the high school board, whenever a majority of the heads of families constituting the union or joint union high school district, and two thirds of the heads of families residing in the district seeking to withdraw, according to the number of heads of families shown by the last preceding school census, shall present to such board of supervisors a petition consenting to such withdrawal, accompanied by a like petition signed by a majority of the members composing the high school board. All the provisions relative to the levy and collec- tion of the tax necessary to maintain a union high school district, shall apply to the levy and collection of the tax required for a joint union school district, as in this section provided. Twenty-third — When the average daily attendance of pu- pils in any high school during the whole of any school year after the first school year shall be ten, or less than ten, the superintendent of schools shall suspend the school in said district, and shall report the fact to the board of supervisors. Upon receiving such report from the super- intendent, the board of supervisors shall declare the high school lapsed, and shall cause the property thereof to be sold. All moneys received from the sale of the property of the high school district, and all money in the treasury to the credit of said high school, shall be distributed by the county superintendent to the districts composing the high school district, in proportion to the assessed valua- tion of property in said disti'icts. Twenty-fourth — Any high school district that has existed three years or more, whether embracing one or more school districts, union or joint union, now organized and existing, or which may hereafter be established, may disincorporate and be dissolved and disestablished in the following man- ner: A petition signed by two thirds of the heads of families, as shown by the. last preceding school census, of the high school district so petitioning, shall be pre- sented to the county superintendent of public schools, which petition shall set forth briefly the reasons for dis- incorporation, and shall pray that the question may be submitted to the voters in said district. Upon receiving such petition the superintendent shall call an election in the city or district, and in each school district of any union high school district so petitioning, and shall sub- mit to the voters therein the question of disincorporatiou of such high school district. In joint union high school 365 PUBLIC SCHOOLS. S l^^O districts the petition shall be presented to the superintend- ent of each county having territory within the petitioning district, and each superintendent so petitioned shall, within fifteen days after receiving such petition, order an election in the district or districts situate within his own county and forming a part of the joint union high school district petitioning. At the time of calling such election, which in union and joint union districts must be held in all the school districts composing them upon the same day, the superintendent or superintendents must ap- point three electors in each school district contained with- in the high school district petitioning to conduct the elec- tion. Notice of election shall be given by posting written or printed notice thereof in at least three of the most public places in the high school district in which the election i.s called, for at least twelve days next before the day set for such election. In unic-n and joint union districts the said notice shall be given in each school district therein. Said election shall be conducted in the manner provided by law for conducting school elections. The ballots shall have printed on them the words "For disincorporation," and the voters shall write or print thereafter the word "Yes" or the word "No." The election officers shall report the result of such election within five days thereafter to the county superintendent of schools of the counties of which they are residents. If a majority of all the votes cast at such election be opposed to disincorporation, no further petition shall be entertained or election ordered for a similar purpose within three years next following such election. If two thirds of all votes cast at such elec- tion be in favor of disincorporation, the superintendent shall, at the end of the existing school year, suspend said high school district, and report the result of the election and the fact of such suspension to the board of super- visors; provided, that when a joint union high school dis- trict is disincorporated under the provisions hereof, each of the superintendents of the counties having territory therein shall immediately certify to the others the result of the election in bis own county, and all of them shall join in the order of suspension; and each superintendent shall thereafter, and before the end of the existing school year, report the result of such election and such suspension to the board of supervisors of his county. Upon receiving such report, said boards, and each of them shall, at the first meeting thereafter, make an order declaring said high school district duly disincorporated and disorganized. § 1670 PUBLIC SCHOOLS. 886 to take effect at the end of the existing school year. When f- city, district, or union high school has disincorporated under the provisions of this section, the property thereof shall be sold and the proceeds of such sale, together with any moneys in the treasury to the credit of such disincorporating high school district, shall be disposed of as in subdivision twenty-third hereof. When a joint union high school is disincorporated under this section the board of supervisors of the county within which the high school Duilding and other property belonging to the disincorpo- rated district is situated, shall sell the same and place the proceeds thereof to the credit of the school districts com- posing such disincorporated district. Such division of said proceeds shall be in proportion to the value of property in the districts among which division is made, as determined by the last previous assessment for school purposes, and the portions of said proceeds belonging un- der such division to the districts in other counties than the one in which the sale is made shall be transferred, by the board malting the division, to the county or counties within which such school districts are situated; but the joint union high school funds in such counties collected by taxa- tion, for the maintenance of said joint union high school, shall be distributed by the supervisors of such counties to the districts from which they were collected. Twenty-fifth — When, in consequence of distance or of convenience in traveling, it is more convenient for pupils residing in any high school district to attend the high school in another high school district, the high school board of the latter district may admit such pupils to the high school in their district upon such terms as the two boards may arrange. Twenty-sixth — (1) When a majority of the heads of families residing in two or more adjacent districts, not in the same county, shall unite in a petition to the county superintendent of their respective counties for the estab- lishing and maintaining of a joint union high school dis- trict, it shall be the duty of said superintendent, within twenty days after receiving said petition, co call an election in the district or districts in his county petitioning, for the purpose of determining the question, and appoint three qualified electors in each district petitioning to conduct the election therein. Said election shall be called and con- ducted in all respects as specified in subdivision fourth of this section, and the result thereof shall be reported by 367 PUBLIC SCHOOLS. 9 ^^^ the election officers in each district to the superintendents of the counties in which the districts are situated, within five days subsequent to the holding of said election. (2) If a majority of the votes cast in the district shall, in the aggregate, be in favor of establishing a joint union high school, the county superintendent in each county shall, within fifteen days after receiving the returns of the election, direct the board of trustees in the -district, or districts, in Lis respective county, to call a meeting of the qualified electors, as provided in subdivision sixth of this section. At said meeting the qualified electors in each district shall select representatives, as provided in said subdivision. The representatives so chosen shall meet at a time and place to be agreed upon among themselves, for the purpose of determining the name of the high school. The location of the school shall be determined by the joint action of the representatives chosen and the county super- intendents of the counties, in manner and form as pro- vided for the location of union high schools. (3) The joint union nigh school board shall be com- posed as provided in subdivision eighth of this section; and their powers and duties shall be such as are specified in this section for union high school boards; provided, that the estimate provided for in subdivision fourteenth of this section shall be furnished to the authorities in each of the counties in which the districts uniting are situated; and provided further, that the portion of the amount to be raised in each district shall be in proportion to the taxable property therein, as shown by the last preceding assess- ment roll thereof. (4) All the provisions relative to the levy and collection of the tax necessary to maintain the high school shall apply to the levy and collection of the tax for joint union high schools; provided, that the amount collected in each district shall be paid into the treasury of the county in which said district is located, to the credit of a fund to be known as the joint union high school fund, and shall be paid out as provided in subdivision nineteenth of this section. En. March 12, 1872. Rep. 1880, 47. En. Stats. 1893, 268. Am'd. 1895, 289; 1897, 79; 1901, 309; June 14 1906. Cal. Rep. Cit. 82, 591; 118, 116; 118, 118; 118, 119; 118, 121; 124, 696; 124, 698; 124, 699; 129, 600; 129, 601; 140, 558; 140, 560; 141, 373; 141, 374; 141, 375; 141, § 1671 PUBLIC SCHOOLS. (68 376; 141, 377; 141, 378; 141, 379; 141, 381; 141, 382. Subd. 7—141, 372. Subd. 14—118, 117; 129, 601; 129, 602; 141, 372. Subd. 15—129, 601; 129, 602; 141, 372. Subd. 18—141, 372. § 1671. Same. First — There may be established in any county in this state one or more county high schools; pro- vided, that at any general or special election held in said county after the passage of this act, a majority of all the votes cast at such election, upon the proposition to estab- lish a high school, shall be in favor of establishing and maintaining such county high school or schools at the ex- pense of said county. Second — The board of supervisors at any general elec- tion to be held in any county after the passage of this act, upon the presentation of a petition signed by fifty or more qualified electors, taxpayers of said county, must submit the question of establishing and maintaining a county high school to the qualified electors thereof. The board of su- pervisors, if they deem it expedient, may order a special election tor such purpose. Said election shall be con- ducted in the manner prescribed by law for conducting elections. The ballots at such elections shall contain the words, "For county high school," and the voter shall write or print thereafter on the ballot the word "yes" or the word "no." Third — If the majority of all the votes cast on the prop- osition to establish a county high school are in the afiirm- ative, it shall be the duty of the board of supervisors, with- in thirty days after canvassing said vote, to locate the school in some suitable and convenient place in said coun- ty. The board of supervisors shall also estimate the cost of purchasing a suitable lot, erecting a building, and fur- nishing the same, for the accommodation of such school, together with the cost of conducting such school for the next twelve months; provided, that the high school board may rent suitable rooms for the accommodation of the school. If rooms can be obtained in public school build- ings in the place in which said school shall be located, such rooms shall be given the preference. Fourth — When such estimate shall have been made, the board of supervisors shall thereupon proceed to levy a special tax upon all of the assessable property of the coun- ty, except as provided in subdivision twentieth of section 369 PUBLIC SCHOOLS. S 1671 one thousand six hundred anJ seventy of the Political Code, sufficient to raise the amount estimated as neces- sary for the purchat^ing of a lot, procuring plans and speci- fications, erecting a building, furnishing the same, fencing and ornamenting the grounds, and tlie cost of running said school for the following (12) months. Said tax shall be computed, entered on the tax roll, and collected, in the same manner as other taxes are computed, entered, and collected; and the amount so collected shall be deposited in the county treasury, and be known and designated as the county high school fund, and shall be drawn from the treasury as other moneys so appropriated are drawn. Fifth — When the board of supervisors shall have prop- erly provided and completed the building, together with the necessary fencing of the lot so purchased, they shall cause the same to be deeded to the county board of educa- tion, who shall hold the same in trust for the county. Sixth — It shall be the duty of the county board of edu- cation to furnish to the board of supervisors, annually, an estimate of the amount of m-oney needed to pay all of the necessary expenses of running said school; to adopt the necessary text-books (the state series shall be used in grades and classes for which they are adapted) ; to adopt and enforce a course of study for said schools; to employ suitable teachers, janitors, and other employees, and discharge such employee when deemed advisable by them, and to do any and all other things necessary to the proper conduct of the school. The course of study shall embrace a per-'od not less than three years, and it shall be such as will prepare graduates therein for admission to the state university. Seventh — It shall be the duty of the board of supervi- sors to include in their annual tax levy an amount suffi- cient to maintain the county high school; and such amount when collected and paid into the county treasury shall be known as the "county high school fund," and may be drawn therefrom in the following manner, for the purpose of de- fraying the expenses of conducting said county high school: The county board of education shall draw their order on the county superintendent of schools, in the man- ner and form provided by lav/ for school district trustees drawing orders on their district school funds, and the county superintendent shall draw his requisition on the auditor, who shall draw his warrant on the county treas- Pol. Code— 24 § 1671 PUBLIC SCHOOLS. «W urer in favor of the person or persons to whom the amount called for in such requisition is due. All orders, requisi- tions, and warrants drawn on the "county high school fund," in all other respects, except as specified in this act, shall be subject to the law governing school districts. Eighth — In case the qualified electors of any county deem it expedient to establish and maintain more than one county high school, then such additional school or schools may be established and maintained in the manner pre- scribed in this act for establishing and maintaining a county high school. Ninth— All county high schools shall be open for the admission of graduates holding diplomas from the gram- mar schools of the county, and to all pupils of the county who can pass the examination for admission. The exam- ination for admission shall be conducted by the county board of education and the principal of the county high school. Tenth — Nothing in this act shall be construed so as to prevent the principal of the high school from acting as principal of the grammar school of the school district in which the high school is located, if so desired by the trus- tees of said school district. Eleventh — All proceedings for the formation and organ- ization of high school districts and the establishment of county, city, city and county, union, joint union and dis- trict high schools had, prior to the passage and approval of this act, are hereby validated and declared legal, and said high school districts and high schools are hereby de- clared to be legally formed, organized and established; and in all cases where high school districts and high "schools have heretofore been, or may hereafter be, formed, organized and established, the certificate of the county superintendent mentioned in subdivision four of section one thousand, six hundred and seventy of the P jlUjcal Code when filed with the county clerk, when the result of the election as therein declared is in favor of the establish- ment of the high, school, shall after the expiration of one year from the date of such filing be conclusive evidence that such high school district and high school has been legally established. En. March 12, 1872. Rep. 1880, 47. En. Stats. 1893, 274. Am'd. 1895, 296; 1905, 719. 371 PUBLIC SCHOOLS. 88 1672-1874 Cal. Rep. Cit. 82,591; 101,661; 141,372; 141, 376; 141, 377. § 1672. Sectarian books and teachings proliibited. No publication of a sectarian, partisan, or denominational character must be used or distributed in any school, or be made a part of any school library; nor must any sectarian or denominational doctrine be taught therein. Any school district, town, or city, the officers of which knowingly allow any schools to be taught in violation of these pro- visions, forfeits all right to any state or county apportion- ment of school moneys; and upon satisfactory evidence of such violation, the superintendent of public instruction and school superintendent must withhold both state and county apportionments. En. March 12, 1872. Compare Const. Cal., art. IX, sec. 8. § 1673. Duration of daily sessions. No school must be continued in session more than six hours a day; and no pupil under eight years of age must be kept in school more than four hours per day. Any violation of the provisions of this section must be treated in the same manner as a violation of the provisions of the preceding section. En. March 12, 1872. § 1674. Formation and maintenance of union school dis- tricts. Union school districts may be formed, and union schools may be maintained therein, as in this section pro- vided. First — When a majority in each district, as shown by the last preceding school census, of the head of families resid- ing in two or more school districts in the same county, shall unite in a petition to the county superintendent of schools for the formation of a union school district, to comprise the districts so petitioning, he shall, within twenty days after receiving said petition, call an election for the determina- tion of the question, and shall appoint three qualified electors in each of the districts petitioning to conduct the election therein. Said election shall be held separately and simultaneously at the public schoolhouse in each of the districts petitioning, and shall be called by posting notices thereof in three of the most public places in each district, one of which places shall be the public schoolhouse in each district, at least ten days before said election. Said election shall be conducted by the officers appointed for that pur- pose, in the manner piovided by law for conducting school § 1674 PUBLIC SCHOOLS. 872 elections. The ballots at such election, in each district, shall contain the words, "For the Union School District," and the voter shall write or print after said words on his ballot the word "Yes" or the word "No." It shall be the duty of said election officers in each district to canvass the vote at said election, and report the result to the county superintendent ox schools within five days subsequent to the holding of said election. Second — If a majority of the vote cast at such election, in each and every of such districts, shall be in favor of such union school district, the county superintendent shall (except in the case of the formation of a union district con- sisting of but two districts, and as hereinafter provided for in subdivision fourth of this secton), within fifteen days after receiving the returns of the election held therein, direct the board of trustees in each of said districts to call a meeting of the qualified electors of their respective dis- tricts, in the manner provided in section sixteen hundred and seventeen of this code for calling district meetings. At said meeting the qualified electors shall in each district select one representative, whose powers and duties shall be as hereinafter specified. The representatives so chosen shall name the union school distiicts, and shall have power to make temporary arrangements for the location of one or more union schools therein, and, if satisfactory apart- ments or buildings in a suitable location are oifered or can be procured, for a consideration or at a rental which would make it advisable to accept the same, they shall have the power to secure an option of a lease on such apartment or building for a period not to exceed three years from the first day of July next ensuing. Within forty days after their selection they shall notify the county superintendent of schools that they desire to meet to locate one or more union schools in and for such union district. Thereafter the representatives so chosen shall meet in conjunction with the county superintendent of schools at a time and place to be named by the superintendent, for the purpose of determining the location of such union school or schools. At such meeting the superintendent shall be the chair- man, and shall be entitled to vote and participate in all its proceedings. Should said representatives fail to unani- mously agree upon a location for such school or schools, they shall propose in writing to the county superintendent then present, or, if he is not present, they shall transmit to his office, within ten days, the names of the locations which they, or any of them, favor. Within twenty days 373 PUBLIC SCHOOLS. § 1674 after receiving such notice the superintendent shall call an election as provided in subdivision one hereof, to deter- mine the location of the union school or schools. At such election only such sites as have been named by the rep- resentatives and certified to the county superintendent shall be voted upon. Any form of ballot by which the voter signifies his choice of location or locations shall be allowed. The result of said election shall be determined and certified . to the county superintendent, as provided in said sub- division one. The location or locations which receive the largest number of votes shall be chosen as the location or locations of the school or schools. Third — A union school district, formed of school dis- tricts not all in the same county, is designated a joint union school district. (1) When a majority in each district, as shown by the last preceding school census, of the heads of families re- siding in two or more districts, not all in the same county, shall unite in a petition to the county superintendents of their respective counties for the formation of a joint union school district, to comprise the districts so petitioning, it shall be the duty of each of said superintendents, within twenty days after receiving said petition, to call an election in the district or districts in his county petitioning, for the purpose of determining the question, and appoint three qualified electors in each of such petitioning districts, to conduct the election therein. Said election shall be called and conducted in all respects as specified in subdivision one of this section, except that the form of ballot shall be "For the Joint Union School District," and the result there- of shall be reported by the election officers in each district to the superintendent of the county in which such district is situated, within five days subsequent to the holding of said election. (2) If a majority of the votes cast at such election, in each and every of such districts, shall be in favor of such joint union school district, the county superintendent in each county shall (except in the case of the formation of a joint union district consisting of but two districts, and as hereinafter provided for in subdivision four of this section), within fifteen days after receiving the returns of the election, direct the board of trustees in the district, or dis- tricts, in his county, to call a meeting of the qualified § 1674 PUBLIC' SCHOOLS. IM electors, as provicled in subdivision two of this section. At said meeting tlie qualified electors, in each district, shall select a representative, as provided in said subdivision. The representatives so chosen shall meet at a time and place to be agreed upon among themselves, and name the joint union school district. The location of the joint union school, or schools, shall be determined by the joint action of the representatives chosen and the county superin- tendents of the counties, in manner and form as provided for the location of a union school, or schools. Fourth— Proceedings for the formation of, or for admis- sion to, a union or joint union school district may be begun at any time, but the schools in the districts uniting to form, or that are admitted to, a union or joint union school district, shall remain under the control of their respective boards of trustees until the first day of July next succeed- ing the formation of the union or joint union district and the location of the union or joint union school, or schools, or of admission to a union or joint union district, on which first day of July the districts uniting to form the union or joint union school district, or. the districts admitted to such union, shall cease to exist, except for >/urposes speci- fied in this section, and the terms of office of the school trustees in said districts shrill expire, and the district prop- erty of each district so uniting or admitted shall vest in such union or joint union district and pass to the control of the board of trustees of such district, to be held and disposed of by them, as provided in section sixteen hundred and seventeen of this code; provided, that in union or joint union school districts formed by the union of but two school districts, no selection of representatives, as pro- vided for in subdivision two of this section, is necessary, and the two boards of trustees for the original school dis- tricts shall act as the representatives, and shall constitute the board of trustees for the new union or joint union school district, and each of such trustees shall continue in office for the term for which he was elected, except as hereinafter provided; and provided further, that the pro- ceeds of any sale by the board of trustees of the union or joint union school district, of school property that or- iginally belonged to any of the original districts, must first be applied to the discharge of any bonded indebtedness of such original district. Fifth — In the formation of union or joint union school districts, the representatives selected according to the pro- 375 PUBLIC SCHOOLS. § 1674 visions of subdivision tWo of this section shall act as a board of trustees for such union or joint union district, until the election or appointment and qualification of the regular board of trustees, as hereinafter provided. Sixth — In union or joint union school districts, formed by the union of more than two school districts, the board of trustees shall be composed of one member elected from each district composing the union or joint union district, at the time and in the manner presented for the election of school trustees, except as otherwise provided in this section. The county school superintendent (or superin- tendents by concurrent action in joint union school dis- tricts) shall, in union or joint union school districts composed of three or more school districts, divide the districts composing the union or joint union school district into three classes, as nearly equal in number of school districts as possible, to be designated by him (or them) as class A, B, and C, respectively. At the first annual school election following the organization of the union or joint union school district and the location of the school or schools, the districts in class A, as so divided and desig- nated, shall each elect a school trustee for one year; the districts in class B shall each elect a school trustee for two years; the districts in class C shall each elect a school trustee for three years; and all the trustees so elected shall constitute the board of trustees of the union or joint union school district. At each annual election thereafter, as terms of office expire, the school trustees shall be elected for three years, and, in case of expiration of term of appointment, for the unexpired term. Vacancies in the board of school trustees shall be filled by appointment by the county superintendent of schools (in case of joint union school districts by appointment by the county super- intendent of the county in which the vacancy occurs), the appointee or appointees to hold until the first day of July next succeeding the appointment. Seventh — In union or joint union school districts formed by the union of but two school districts, the board of trustees of the union or joint union district shall consist of the two boards of trustees of the districts so uniting, and each trustee shall continue to hold office for the term for which he was elected; provided, that should one or more additional districts at any time be admitted to such union or joint union district, the board of trustees shall then con- sist of one trustee from each of the original districts, as provided in subdivision six of this section, and the terms § 1674 PUBLIC SCHOOLS. 87* of the trustees in the two original districts and of the trustees in the district or districts admitted shall expire on the first day of July next ensuing after the admission of the third district. Eighth — After the location of the union or joint union school, or schools, has been determined, as provided in subdivision two of this section, the representatives, acting as a board of trustees, or their successors, may erect or lease a suitable building, as they may deem most advisable. A lease shall not be made for a longer period than three years. A building may be erected under the provisions of sections eighteen hundred and thirty to eighteen hundred and thirty-nine, inclusive, of this code, relating to a district tax, or sections eighteen hundred and eighty to eighteen hundred and eighty-nine, inclusive, of this code, relating to the issuance of bonds. In all cases the plans must be ap- proved by the county superintendent of schools of the county in which the schoolhouse is to be located. Ninth — No change of location of any union or joint union school, when once established, shall be made, except upon a petition to the county superintendent of schools (or superintendents, in case of a joint union district), signed by two-thirds of the heads of families residing in such district, as shown by the last preceding school census, and then only in accordance with all the provisions for the original location of the school, as contained in sub- divisions two and three of this section. Tenth — The powers and duties of boards of trustees in union or joint union school districts shall be such as are now, or may hereafter be, assigned by law to boards of school trustees, except as otherwise provided in this section. Eleventh — Boards of trustees of union or joint union school districts shall hold regular meetings at the school building, at such time as may be provided in the rules and regulations adopted by them for their own government. Such meetings shall not be held less frequently than quar- terly. Special meetings may be held at the call of the president of the board. Upon the request, in writing, signed by a majority of any board, the president of said board shall call a meeting thereof, pursuant to such request. Of all special meetings of any board the members thereof shall hiive at least two days' notice issued and served by the clerk thereof. At special meetings no business shall be transacted other than as specified in the call therefor; 377 PUBLIC SCHOOLS. 5 1«74 provided, that in union and joint union districts formed by the union of more than three school districts the board may appoint an executive committee, consisting of the president and the clerk and one other member of the board, to attend to the routine business of the board, their action to be reported to the board for ratification at its first regular meeting ensuing. Twelfth — The course of study shall be that prescribed by the proper authority, and shall embrace a period of not less than eight years, except as may be hereafter pro- vided by law; and the text-books used shall be those adopted by the proper authorities. In joint union districts the provisions of section fifteen hundred and eighty-three of this code shall apply. Thirteenth — The board of trustees of a union or joint union school district may contract, in such manner as they may deem best, for the transportation, to and from school, of such pupils as may seem to such board to be in need of such transportation, and shall pay for such trans- portation, in the usual manner, out of any funds avail- able for the purpose; provided, that all such contracts for transportation shall be first approved by the county superintendent (or superintendents) of schools of the county (or counties) in which such district is situated. Fourteenth — Whenever in their judgment it may be deemed advisable the board of trustees for any union or joint union school district may unite with the trustees of any other school ■district, single, union or joint, in the employment of a supervising principal, who shall devote such time to the supervision of instruction in the several school districts and shall receive such compensation from each board of trustees as may be agreed upon by them. Fifteenth — (1) On the first day of July next ensuing after the formation of a union or joint union school district, or the admission thereto of a school district, the county superintendent of schools (or superintendents in joint union school districts) shall transfer, by requisition upon the county auditor, all funds remaining to the credit of the different districts uniting to form the union or joint union district (or to the credit of the district admitted thereto) to the credit of such union or joint union district. (2) For the purposes of . school census enumeration and the appointment of school moneys, the several school districts uniting to form a union or joint union school district shall be regarded as continuing their separate IS § 1674 PUBLIC SSHOOLS. 878 existence; provided, that but one census marshal shall be appointed to take the school census for all of such uniting districts, whose duty it shall be to take the census for each and all of such several districts and include the same, separately stated for each district, in one report; and provided further, that no moneys shall be apportioned directly to any of such several districts, while forming a part of an organized union or joint union school district, but there shall be apportioned to such union or joint union district the aggregate of moneys that would be apportioned to the several school districts composing it, if such several districts were not united. Sixteenth — (1) Any school district may be admitted to a union or joint union school district by action of the board of supervisors of the county in which such school district is located, upon such terms as may be agreed upon between the board of trustees of the school district seeking admis- sion and the board of trustees of the union or joint union school district, whenever a majority of the heads of families residing in such school district, as shown by the last pre- ceding school census, shall present to said board of supervisors a petition for such annexation, accompanied by a petition for such annexation signed by a majority of the members composing the board of trustees of the union or joint union district to which admission is desired. The county superintendent of schools shall then classify the newly admitted district, in class A, B, or C, as provided in subdivision six of this section, for the election of a trustee thereby. If such petitioning school district and such union or joint union school district be not' wholly situated in the same county, then said petitions shall be presented in duplicate to the board of supervisors of each and every county in which any part of either of such dis- tricts is situated, and such annexation shall be made only by the concurrent action of all of such boards of super- visors; and in that case the classification of the annexed district, for election of a trustee, shall be made by con- current action of the county superintendent of each and all of such counties. (2) A portion of a school district may be admitted to an adjacent union or joint union school district by action ol the board of supervisors of the county in 'which such school district la situated whenever a majority of the heads of families residing in such schoo'l district, as shown by the last preceding school census, shall present to said board of supervisors a petition for such annexation, accompanied 379 PUBLIC SCHOOLS. 5 1674 by a petition for such annexation signed by a majority of the members composing the board of trustees of the union or joint union district to which admission is desired. The board of supervisors shall attach such annexed portion of a school district to a contiguous original school district form- ing part of a union or joint union district, for voting and other purposes, and such annexed portion shall thereafter be a part of the original district to which it is so attached, and cannot subsequently withdraw from the union or joint union district, except as the district to which it is so attached withdraws. Such annexed portion shall have no representation on the board of trustees of the union or joint union school district, except as a part of the district to which it is attached. If such portion of a school district and such union or joint union school district be not wholly situated in the same county, then said petitions shall be presented in duplicate to the board of supervisors of each and every county in which any part of either of such dis- tricts is situated, and such annexation, and such attach- ment of annexed portion to one of the original districts, shall be made only by the concurrent action of all of such boards of supervisors. (3) Any school district contained in a union or joint union school district may, in like manner, withdraw from such union or joint union district by action of the board (or boards) of supervisors of the county (or counties) in which the union or joint union district is located, upon such terms as may be agi'eed upon between the trustee of the school district seeking to withdraw and a majority of the other members of the board of trustees of the union or joint union district, whenever a majority of the heads of families residing in the union or joint union district, in- cluding two-thirds of the heads of families residing in the district seeking to withdraw, as shown by the last preceding school census, shall present to such board or boards of supervisors a petition for such withdrawal, ac- companied by a written consent to such withdrawal signed by a majority of the members composing the board of trustees of such union or joint union district. Seventeenth — Any union or joint union school district, formed under the provisions of this section, and which shall have been in existence three years or more, may be dissolved in the following manner: A petition signed by two-thirds of the heads of families residing in such district, as shown by the last preceding school census, shall be presented to the county superintendent of schools in the § 1674 PUBLIC SCHOOLS. MO county in which such district is situated, setting forth briefly the reasons for dissolution and praying that the question may be submitted to the voters in such district. Upon receiving such petition the superintendent shall, within twenty days, call an election in the district, sub- mitting to the voters therein the question of dissolution of such district. If such petitioning district be not wholly situated within the same county, said petition shall be presented in duplicate to the superintendent of each county having territory within such district, and each superin- tendent so petitioned shall, within twenty days after receiv- ing such petition call an election in the territory situate within his county and forming part of such district, and appoint three electors resident within such territory to conduct such election therein. Notice of such election, which must be held throughout the district on the same day and during the same hours, shall be given by posting written or printed notice thereof in at least three of the most public places in such district for at least twelve days next before the day set for such election; and if such district be not wholly situated in the same county, said notice shall be posted for said time in three of the most public places in the portion of the district in each county. Said election shall be conducted in the manner provided by law for conducting school elections. The ballots shall have printed on them the words "For dissolution," and the voters shall write or print thereafter the word "Yes" or the word "No." The election officers shall report the result of such election, within five days thereafter, to the county superintendent of schools of the county in which they are residents. If a majority of all the votes cast at such election be opposed to dissolution, no further petition shall be entertained or election ordered for a similar pur- pose within thr6e years next following such election. If the district in which such election is held be wholly situated in one county, and if two-thirds of all the votes cast at such election be in favor of dissolution, the county superintendent of such county shall forthwith certify the result of such election to the board of supervisors of such county, and such board shall, at its first regular meeting thereafter, make an order declaring such union district dis- solved, such order to take effect at the end of the current school year, except as hereinafter provided. If the district 381 PUBLIC SCHOOLS. § 1674 in which such election is held be not wholly situated in one county, each of the county superintendents of the counties having territory therein shall immediately certify to the others the result of the election in his own county, and if two-thirds of all the votes cast at such election be in favor of dissolution, all of such county superintendents shall, jointly, forthwith certify the result of such election to the board of supervisors of each of such counties, and said boards, and each of them, shall, at the first regular meeting thereafter, make an order declaring such union or joint union district dissolved, such order to take effect at the end of the current school year, except as hereinafter provided. When a union or joint union school district has been thus dissolved, the property thereof shall be sold by the board of supervisors of the county in which such property is situated, and the proceeds of such sale, together with any moneys in the treasury to the credit of such dissolved district, shall be apportioned to and placed to the credit of the school districts that composed such dissolved district, in proportion to the value of property in each of such school districts, as determined by the last previous assessment therein for school purposes, and the board or board of supervisors of the county or counties in which such dissolved district is situated shall make such orders, and such transfers from county to county, as may be neces- sary or proper to affect such apportionment. Prom and after the time of the making of the order or orders herein- before provided for, declaring a union or joint union school district dissolved, the original school districts com- posing the same, with such additional territory as shall have been annexed to them, shall be considered to be in existence again, as separate districts, and subject to the provisions of sections fifteen hundred and ninety-three to sixteen hundred and two of this code, relating to elections for school trustees, the first of such elections in each of such districts to be held as in the case of a newly formed district; but such order or orders shall not affect the con- tinuance of the union or joint union board of trustees, or the maintenance of the union or joint union school tintil the end of the current school year, at the expiration of which time such board and school shall cease to exist. En. Stats. 1903, 339. §§ 1682-1687 PUBLIC SCHOOLS. 382 ARTICLE XI. PUPILS. § 1682. Graduates under seventeen years of age. (Repealed.) § 1683. Pupils, how admitted. § 1684. Must submit to regulations. § 16S5. Suspension and expulsion of. § 1686. Defacing of school property, liabilities for. § 16S7. Experienced teachers for beginners. § 1682. Graduates under seventeen years of age. (Re- pealed.) En. Stats. 1887, 125. Rep. 1891, 164. § 1683. Pupils, how admitted. Pupils must be admitted into the schools in the order in which they apply to be registered. En. March 12, 1872. Cal. Rep. Cit. 127, 125. Act to enforce educational rights of children: See General Laws, title Schools. § 1684. IVlust submit to regulations. All pupils must comply with the regulations, pursue the required course of study, and submit to the authority of the teachers of such schools. En. March 12, 1872. § 1685. Suspension and expulsion of. Continued willful disobedience, or open defiance of the authority of the teacher, constitutes good cause for expulsion from school; and habitual profanity and vulgarity good cause for sus- pension from school. En. March 12, 1872. § 1686. Defacing of school property, liabilities for. Any pupil who cuts, defaces, or otherwise injures any school- house, fences, or outbuildings thereof, is liable to suspen- sion or expulsion, and on ihe complaint of the teacher or trustees, the parents or guardians of such pupil shall be liable for all damages. En. March 12, 1872. Am'd. 1873-4, 112. § 1687. Experienced teachers for beginners. In all schools having more than two teachers, beginners shall be taught by teachers who have had at least two years' ex- perience, or by norml school graduates; and in cities such teachers shall rank, in point of salary, with those of the assistant teachers in the highest grade in the grammar S83 PUBLIC SCHOOLS. S 169« schools; and in no case shall boards of education or boards of school trustees draw orders for the salary of any teacher in violation of this provision, nor shall any superintendent draw any requisition for the salary of any teacher in violation thereof. En. March 12, 1872. Am'd. 1889, 190; 1893, 254. ARTICLE XII. TEACHERS. § 1696. General duties of teachers. § 1696a. Substitution of destroyed school records. Dally average attend- ance. § 1697. School month defined. § leys. Appeal from premature dismissal by teacher. § 1699. .'Appeal where teacher's salary withheld. § 1700. No warrant to be drawn In favor of a teacher unless he per- forms his duties. § 1701. Nor unless he holds certificate and was employed. § 1702. Duties of teachers as to ethical instruction. § 1703. No section. § 1704. Teachers must be eighteen years of age. § 1696. General duties of teachers. Every teacher in public schools must, — First. Before assuming charge of a school, file his or her certificate with the superintendent of schools; pro- vided, that when any teacher so employed is the holder of a California state normal school diploma, accompanied by the certificate of the state board of education, as pro- vided in subdivision third of section one thousand five hundred and three of the Political Code, an educational or a life diploma of California, upon presentation thereof to the superintendent he shall record the name of said holder in a book provided for that purpose in his ofl5ce, and the holder of said diploma shall thereupon be ab- solved from the provisions of this subdivision. Second. Before taking charge of a school, and one week before closing a term of school, notify the county superintendent of such fact, naming the day of opening or closing. Boards of education and boards of school trus- tees must in every case give to the teacher a notice of at least two weeks of their intention to close fhe term of school under their charge. No superintendent shall draw any requisition for the last month's salary of any teacher until said teacher has filed with him the notice required by this subdivision. § 1696 PUBLIC SCHOOLS. 384 Third. Enforce the course of study, the use of the legally authorized text-boolis, and the rules and regula- tions prescribed for schools. Fourth. Hold pupils to a strict account for their con- duct on the way to or from school, on the playground, or during recess; suspend, for good cause, any pupil from the school, and report such suspension to the board of school trustees or city board of education for review. If such action is not sustained by them, the teacher may appeal to the county superintendent, whose decision shall be final. Fifth. Keep a state school register, in which shall be left, at the close of the term, a report showing the pro- gramme of recitations, classification and grading of all pupils who have attended school at any time during the school year. The superintendent shall in no case draw a requisition in favor of the teacher until the teacher has filed with him certificate from the clerk of the board of school trustees to the effect that the provisions of this subdivision have been complied with. Sixth. Make an annual report to the county superin- tendent at the time and in the manner and on the blanks prescribed by the superintendent of public instruction. Any teacher who shall end any school term before the close of the school year shall make a report to the county superintendent immediately after the close of such term; and any teacher who may be teaching any school at the end of the school year shall, in his or her annual report, include all statistics for the entire school year, notwith- standing any previous report for a part of the year. The superintendent of schools shall in no case draw a requi- ^tion for the salary of any teacher for the last month of the school term, until the report required by this subdi- vision has been filed, and by him approved. Seventh. Make such other reports as may be required by the superintendent of public instruction, county super- intendent, board of school trustees, or city board of edu- cation. En. March L2, 1872. Am'd. 1873-4, 98; 1880, 39; 1887, 130; 1889, 190; 1891. 161; 1893, 255. 385 PUBLIC SCHOOLS. §§ 1696a-lC98 Teachers' annuity fund, at providing for: See General Laws, Lide Schools. § 1696a. Substitution of destroyed school records. Daily average attendance. Whenever the school register or registers of any teacher or teachers or other records of any public school district in any school year may have been or shall hereafter be destroyed by conflagration or other public calamity, thereby preventing the teacher or teachers and school officers from making their monthly or annual reports in the usual manner and with accuracy the affidavits of the teacher or teachers, the school princi- pals or other school officers of such school district cer- tifying as to the contents of such destroyed registers or other record shall be accepted by all authorities for all school matters appertaining to such school district ex- cept that of average daily attendance. The average daily school attendance of any public school district or high school whereof the register or registers of the teacher or teachers or any number of them or other records may have been or shall hereafter be destroyed by conflagration or other public calamity, or whereof, by reason of such conflagration or calamity the regular session or attend- ance of such district or high school has been interrupted and its average attendance materially affected thereby, shall be its average daily attendance of the next pre- ceding schol year increased or diminshed by the aver- age yearly percentage of increase or decrease calculated for the next preceding ten yars; provided that the aver- age daily attendance of such school district or high school for the school year ending June 30, 1906, shall be its aver- age daily attendance for the school year ending June 30, 1905, with five per cent (5) thereof as increase added thereto. En. June 14, 1906. § 1697. School month defined. A school month is con- strued and taken to be twenty school days, or four weeks of five school days each. En. March 12, 1872. § 1698. Appeal from premature dismissal by teacher. In case of the dismissal of any teacher before the expira- tion of any oral or written contract entered into between such teacher and board of trustees, for alleged unfitness or incompetence, or violation of rules, the teacher may appeal to the school superintendent; and if fhe superin- tendent decides that the removal was made without good Pol. Code— 25 §§ 1699-1701 PUBLIC SCHOOLS. 3W cause, the teacher so removed must be reinstated, and shall be entitled to compensation for the time lost during the pending of the appeal. En. March 12, 1872. Am'd. 1893, 256. § 1699. Appeal where teacher's salary withheld. First, Any teacher whose salary is withheld, may appeal to the superintendent of public instruction, who shall thereupon require the superintendent of schools to investigate the matter and present the facts thereof to him. The judg- ment of the superintendent of public instruction shall be final; and upon receiving it, the superintendent of schools, if the judgment is in favor of the teacher, shall, in case the trustees refuse to issue an order for said withheld salary, issue his requisition in favor of said teacher. Second. Should any teacher employed by a board of school trustees for a specified time, leave the school be- fore the expiration of such time, without the consent of the trustees, in writing, said teacher shall be deemed guilty of unprofessional conduct, and the board of educa- tion of the county are authorized, upon receiving notice of such fact, to suspend the certificate of such teacher for the period of one year; should said teacher be the holder of an education or a life diploma, the superintendent of schools shall report the delinquency of the teacher to the state board of education, who are thereupon authorized to suspend said diploma for the period of one year. En. March 12, 1872. Am'd. 1«?89, 190; 1893, 256. Cal. Rep. Cit. 133, 701; 133, 706. § 1700. No warrant to be drawn in favor of a teacher unless he performs his duties. No warrant must be drawn in favor of any teacher, unless the officer whose duty It is to draw such warrant is satisfied that the teacher has faithfully performed all the duties prescribed in section sixteen hundred and ninety-six. En. March 12, 1872. Am'd. 1873-4, 99. § 1701. Nor unless he holds certificate and was em- ployed. No requisition for a warrant shall be drawn in favor of any teacher, unless such teacher is the holder of a proper certificate, in force for the full time for which the requisition is drawn, nor unless he was employed by the board of trustees, or city board of education, or by the superintendent of schools, as provided In section one m PUBLIC SCHOOLS. §§ 1702, 1712 thousand five hundred and forty-five. En. March 12, 1872. Am'd. 1873-4, 99; 1880, 39; 1881, 44. § 1702. Duties of teachers as to ethical instruction. It shall be the duty of all teachers to endeavor to impress on the minds of the pupils the principles of morality, (the) truth, justice, and patriotism; to teach them to avoid idleness, profanity, and falsehood, and to instruct them in the principles of a free government, and to train them up to a true comprehension of the rights, duties, and dignity of American citizenship. En. Stats. 1873-4, 99. § 1703. No section. [A new section 1703 was mentioned in the title of act of April 7, 1880, Stats. 1880, p. 28, but no such section was enacted in the act itself.] § 1704. Teachers must be eighteen years of age. No person is eligible to teach in any public school in this ' state, or to receive a certificate to teach, who has not at- tained the age of eighteen years. En. Stats. 1880, 40. ARTICLE XIII. DISTRICT LIBRARIES. § 1712. Library fund, how expended. § 1713. Of what fund cocsists. Is 1714. Same. § 1715. Control and location of library. § 1716. Who may use. § 1717. Powers of trustees. § 1712. Library fund, how expended. First. The board of school trustees, and the city board of education in any city, must expend the library fund, together with such moneys as may be added thereto by donation, in the purchase of school apparatus and books for a school library, including books for supplementary work; and no warrant shall be drawn by the superintendent of schools upon the order of any board of trustees against the library fund of any district unless such order is accompanied by an itemized bill, showing the books and apparatus, and the price of each, in payment of which the order is drawn, and unless such books and apparatus have been adopted by the county, or city, or city and county board of educa- tion. All orders of the trustees and of boards of educa- tion for books or apparatus must in every case be sub- mitted to the superintendent of schools of the county, or city, or city and county, respectively, for his approval, be- fore said books or apparatus shall be purchased. §§ 1713-1716 PUBLIC SCHOOLS. 388 Second. The trustees of each district shall cause each book now in their district school library, or that may hereafter be placed in said library, to be stamped on the flyleaf, on the title page, and on each one hundredth page of the book, with the words, "Department of Public Instruction, State of California, — County, District Library," and the county superintendent is here- by authorized and instructed to procure such stamp for each district in his county, and to pay for the same out of the county school fund of such district. En. March 12, 1872. Am'd. 1873-4, 99; 1880, 40; 1881, 44; 1889, 191; 1893, 256. § 1713. Of what fund consists. Except in citites not di- vided into school districts the library fund shall consist of not less than five nor more than ten per cent of the ^county school fund annually apportioned to the district; provided, that should ten per cent exceed fifty dollars, fifty dollars only shall be apportioned to the district; except that in districts having five or more teachers, there shall be apportioned a sum not less than ten dollars nor more than fifteen dollars for each teacher employed; and provided further, that the school trustees of each dis- trict in the county shall, in the month of July in each year, notify the superintendent of the county as to what amount they desire to be apportioned for their respective districts for the year. En. March 12, 1872. Am'd. 1893, 257; 1903, 363. § 1714. Same. In cities not divided into school dis- tricts, the library fund shall consist of a sum not to ex- ceed fifty dollars for every one thousand children, or frac- tion thereof of five hundred or more, between the ages of five and seventeen years, annually taken from the city or county school fund apportioned to the city. The superin- tendent shall apportion the library fund in cities not di- vided into districts among the several schools in propor- tion to the average number of children belonging to each school. En. March 12, 1872. Am'd. 1881, 44; 1893, 257. § 1715. Control and location of library. Libraries are under the control of the board of trustees, or city board of education and must be kept, when practicable, in the schoolhouses. En. March 12, 1872. Am'd. 1880, 40. § 1716. Who may use. The library is free to all pupils of a suitable age belonging to the school, and any resi- dent of the district may become entitled to its privileges 389 PUBLIC SCHOOLS. §§ 1717-176S by the payment of such a sum of money for life member- ship, or such annual or monthly fee, as may be prescribed by the trustees. En. Maixh 12, 1872. § 1717. Powers of trustees. The trustees shall be held accountable for the proper care and preservation of the library, and shall have power to assess and collect all fines, penalties, and fees of membership, and to make all needful rules and regulations not provided for by the state board oi education, and not inconsistent therev^^ith, and they shall report annually to the county superinten- dent all library statistics which may be required by the blanks furnished for the purpose by the superintendent of public instruction. En. Stats. 1873-4, 100. ARTICLE XIV. EDUCATIONAL JOURNAL. §§ 1726-1731. (Repealed.) En. March 12, 1872. Rep. 1875-6, 27. ARTICLE XV. STATE BOARD OF EXAMINATION. §§ 1741-1755. En. March 12, 1872. Rep. 1880, 47. Sec. 1744 amended 1873-4, 100; sec. 1746 amended 1873-4, 100; 1877-8, 29; sees. 1747-1752 amended 1873-4, 101; sec. 1753 amended 1873-4, 102; 1875-6, 28. § 1756. En. March 12, 1872. Rep. 1873-4, 84. § 1757. En. March 12, 1872. Rep. 1893, 276. § 1758. En. March 12, 1872. Rep. 1880, 47. ARTICLE XVI. COUNTY BOARDS OF EDUCATION. 176S 1769 1770 1771 1772 1773, 1774 177.5 1776 1777 1778 County boards, how composed. Piesident and ex-offlcio secretary. (Repealed.) Meetings and compensation. Power of county boards. Certiticates, to whom to be issued. Examination, how conducted. Standing to be indorsed on certificate. Granting and renewal of certificates. Certificates to graduates of normal school. Compensation of board. (Repealed.) Permanent certificates. § 1768. County boards, how composed. First — Except in any city and county, there shall be a county board of education, which shall consist of the county superintendent § 1768 PUBLIC SCHOOLS. 8» ot schools and of four other members, appointed by the board of supervisors of the county. Second — A majority of the members appointed by the board of supervisors shall be experienced teachers, hold- ing not lower than grammar school certificates in full force and effect. Third — At their last regular meeting preceding the first day of July, in the year nineteen hundred and three, the board of supervisors shall appoint two persons to serve on said board of education for the period of two years; and thereafter, each and every year, the board of supervisors at the last regular meeting preceding the first day of July, shall appoint two persons to serve on said board of education for the period of two years; provided, that in all counties in which there are one or more high schools at least one of the appointive members of the board of education for such county or counties shall hold a certificate of the high school grade. Fourth— If the board of supervisors of any county refuse or neglect to appoint members of the county board of education, as provided in subdivision three of this section, it shall be the duty of the county superintendent to ap- point them. Should a vacancy occur at any time in the county board of education, it shall be the duty of the board of supervisors to appoint a party to fill such va- cancy. Fifth — The members of the county board of education, elected or appointed, shall qualify within ten days after receiving notice of their election or appointment. Sixth — The county board of education shall organize on the first meeting subsequent to the first day of July in each year, by electing one of their number president of the board. The county superintendent shall be ex officio secretary of the board. Seventh — For the transaction of business three members shall constitute a quorum; but no teacher's certificate shall be issued, renewed, or revoked, nor shall any books or apparatus be adopted, except by an affirmative vote of at least three members of the board. On the call of any member, the ayes and nays shall be taken upon any proposition, and the vote shall be recorded in the minutes of the board. En. March 12, 1872. Am'd. 1875-6, 28; 1880, 40; 1889, 191, 1893, 257; 1903, 360. Cal. Rep. Cit. 109, 151. J»l PUBLIC SCHOOLS. tS 1769-1771 § 1769. President and ex-officio secretary. (Repealed.) En. March 12, 1872. Am'd. 1875-6, 28; 1880, 41. Rep. 1893, 276. § 1770. Meetings and compensntlon. (1) Each county board of education shall meet annually at such time as they may determine. Special meetings may be called by the superintendent whenever, in his judgment, the exigencies of the schools may require them to be held. Upon the request of any three members, in writing, the superintendent shall call a special meeting. Notice of all annual meetings shall be given by the secretary at least ten days prior to the time of meeting. No business shall be transacted at a special meeting, except as pro- vided in subdivision two of this section, other than such as may be specified in the call of the secretary. (2) At the annual meeting only, the board shall ex- amine applicants for certificates to teach in the public schools. All examination papers for teachers' certificates shall be kept on file in the office of the superintendent of schools for at least one year, and shall be open for the inspection of the applicants or their authorized agents. Certificates upon credentials may be granted, and unex- pired certificates may be renewed, at any meeting of the board. (3) The board of supervisors shall allow to each mem- ber of the county board of education a compensation of five dollars a day for his services and the same rate of mileage as is allowed to the members of the board of supervisors of the county. The secretary shall be al- lowed the sum of five dollars per day for the actual time that the board may be in session; said compensation of the members of the board, and of the superintendent, shall be payable out of the same fund and in the same manner as the salary of the superintendent of schools is paid. (4) All expenses for printing required by the county board of education, and all incidental expenses incurred for stationery or other purposes in the performance of their duties, shall be audited and paid as other claims against the general fund of the county are paid. En. March 12, 1872. Am'd. 1873-4, 102; 1877-8, 30; 1880, 41; 1881, 44; 1889, 191; 1893, 258; 1901, 670. Cal. Rep. Cit. 104, 259. Subd. 3—136, 376. § 1771. Power of county boards. County boards of edu- cation have power: § 1771 PUBLIC SCHOOLS. «9S»^ (1) To adopt rules and regulations, not inconsistent with the laws of this state, for their own goTernment. (2) To prescribe and enforce rules for the examination of teachers, to examine applicants for grammar school certificates and special certificates, and to establish a standard of proficiency which will entitle the person ex- amined to a certificate. (3) To grant, in accordance with sections seventeen hundred and seventy-two and seventeen hundred and sev- enty-five of this code, the following certificates, renewable at the option of the board: (a) High school certificates, authorizing the holders to teach in any high school in the county; or in any primary or grammar school in the county. (b) Grammar school certificates, authorizing the holders to teach in any grammar or primary school in the county. (c) Kindergarten-primary certificates, authorizing the holders to teach in the kindergarten class of any primary school in the county. (d) Special certificates, authorizing the holders to teach in the schools of the county such special branch or branches of learning and in such grades as are named in such certificates. (4) To grant, in accordance with subdivision four of section seventeen hundred and seventy-five of this code, permanent certificates of the grade and kind designated therein. Every certificate that is not a permanent • cer- tificate shall be valid for six years; provided, that when any certificate shall be granted on a recommendation that has been given for a limited period only, such certi- ficate shall not be valid for a longer period than that specified in the recommendation. All certificates must be issued upon the blank forms prepared by the superin- tendent of public instruction, and must have the impress of the seal of the board. (5) To adopt a list of books and apparatus for district school libraries, and, except in cities having a city board of education, to prescribe and enforce in the public schools a course of study and the use of a uniform series of text- books. (G) To revoke or suspend for immoral or unprofessional conduct, or evident unfitness for teaching, the certificates granted by them. (7) To keep a record of their proceedings. (8) To issue diplomas of graduation from any of the public schools of the county, except in cities having boards of education, which diplomas shall be designed by the superintendent of public instruction, and be distributed as 393 PUBLIC SCHOOliS. §5 1772, 177S other blanks from his office. Said diplomas of graduation shall be signed by the president and secretary of the county board and by the principal of the school. (9) To adopt and use, in authentication of their acts, an official seal, and to have such printing done as may be necessary in the discharge of their duties. En. March 12, 1872. Am'd. 1875-6, 29; 1880, 41; 1881, 44; 1887, 129; 1889, 192; 1891, 162; 1893, 259; 1901, 671. Cal. Rep. Cit. 107, 192; 109, 147; 117, 523; 117, 527; 128, 447. Subd. 5. Compare Const. Cal., art. IX, sec. 7. § 1772. Certificates, to whom to be issued. County boards of education may, on examination, grant certificates as follows: (1) Grammar school certificates: To those who have passed a satisfactory examination in the following studies: Reading, English grammar and advanced composition, Eng- lish and American literature; orthography and defining, penmanship, drawing, vocal music, bookkeeping, arithmetic, algebra to quadratics, plane geometry, geography (physi- cal, political, and industrial), elementary physics, physi- ology and hygiene, history of the United States and civil government, history (ancient, medieval and modern), school law, methods of teaching. (2) Special certificates: To those who, 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 who shall satisfy the board of their proficiency in English grammar, orthography, defining, and methods of teaching. No special certificate shall be granted to teach, in any school, studies other than drawing, music, physical culture, and commercial, technical or industrial work. En. March 12, 1872. Am'd. 1873-4, 102; 1875-6, 28; 1880, 42; 1889, 193; 1893, 260; 1901, 672. § 1773. Examination, how conducted. All examinations shall be in writing in answer to questions formulated by the board of education. The said board shall also examine all applicants, orally, touching the questions asked and such other matters in connection therewith as shall have a tendency to demonstrate the fitness of the applicant to assume the duties of teacher. The said board shall ask questions of practical utility, with a view of ascertain- ing the knowledge and ability of the applicant. All exami- nations shall be public. En. March 12, 1872. Am'd. 1873-4, 103; 1887, 130; 1889, 193. §§ 1774, 1775 PUBLIC SCHOOLS. S94 § 1774. Standing to be indorsed on certificate. The standing of each applicant in each study, and in the class, must be indorsed on the back of each certificate issued upon examination, otherwise it is not a valid cer- tificate. En. March 12, 1872. Am'd. 1880, 42. § 1775. Granting and renewal of certificate. (1) County boards of education may, without examination, grant certi- ficates as follows: (a) High school certificates: (1) To the holders of credentials approved by the state board of edu- cation in accordance with subdivision two of section fifteen hundred and twenty-one of this code; (2) To the holders of special credentials issued by said state board, in accordance with said subdivision; (3) To holders of high school certifi- cates issued by any county, or city and county, board of education in this state; (4) To holders of normal school diplomas accompanied by documents from the faculty of the state university, provided for in subdivision five of sec- tion fifteen hundred and three of this code. (b) Grammar school certificates: To the holders of the following credentials: (1) Life diplomas or certificates of any state; provided, the state board of education in this state shall have decided that said diplomas or certificates represent experience and scholarship equivalent to the re- quirement for the elementary life diploma in California; (2) California state normal school diplomas, San Francisco city normal school diplomas heretofore granted, and other normal school diplomas; provided, that the state board of education of this state shall have recommended the normal school issuing said diploma as being of equal rank with the state normal schools of California; ,3) Diplomas from the University of California, or from any other university that shall be declared by the state board of education to be of equal rank with the University of California, when the holders have completed the prescribed course in the peda- gogical department of the state university, or a pedagogical course that said state board shall declare to be equivalent to such prescribed course, and have been recommended by the faculty of the university issuing such diploma; (4) Grammar school or grammar grade certificates of any county, or city and county, of California. (c) Kindergarten-primary certificates: (1) To the holders of kindergarten-primary certificates of any county, or city and county, of California; (2) To the holders of diplomas of graduation from the kindergarten department of any state normal school of this state; (3) To the holders of credentials, showing that the applicant has had professional kindergarten training in an institution approved by the 395 PUBLIC SCHOOLS. S "'^ State board of education, and also general education equiva- lent to the requirements for graduation from the kinder- garten department of a California state normal school; (4) To the holders of special kindergarten certificates of any county or city and county of California granted prior to July 1, 1901; provided that the holders of such special kindergarten certificates have had at least two years' train- ing in a kindergarten training school and have taught for a period of at least two years in a public kindergarten school in the county or city and county wherein such special kin- dergarten certificates were granted. (2) Grammar school certificates may be granted to the holders of primary grade certificates who shall pass satis- factory examinations in such branches as do not appear on their certificates, or in the record of the examination upon which the original certificate was granted. (3) All certificates and diplomas now valid in California shall continue in force and effect for the full term for which they were granted. County boards of education may renew any certificate issued by them prior to the adoption of this law, and now in force, and may renew certificates granted by authority of this law. Renewed certificates shall be valid for a period equal to that for which they were orig- inally granted. (4) When the holder of any certificate or state diploma shall have taught successfully in the came county, or city and county, for five years, the board of education of such county, or city and county, may grant a permanent certifi- cate of the kind and grade of the class in which said appli- cant has been teaching, valid in the county, or city and county, in which issued, during the life of the holder, or until revoked for any of the causes designated in subdivi- sion four of section seventeen hundred and ninety-one of this code; provided, that such permanent certificate shall in no case be of a higher grade than the grade of the certifi- cate or state diploma on which the teaching has been done; and for a permanent high school certificate twenty months of said teaching shall have consisted of regular high school work; and provided further, that a certificate when renewed the second time, or any time thereafter, shall become, by such renewal, a permanent certificate, if the holder of said certificate shall have complied with all of the conditions of this subdivision. (5) Whenever any holder of a diploma from the state university, or from any other university that shall be de- clared by the state board of education to be of equal rank with the state university, shall present to said state board satisfactory evidence of having had two years' successful §§ 1776-1778 PUBLIC SCHOOLS. 3M experience as a teacher, subsequent to graduation, accom- panied by satisfactory evidence that such holder has com- pleted the prescribed course in the pedagogical department of the University of California, or a pedagogical course equivalent thereto, the state board of education shall grant to the holder of said university diploma a document signed by the president and secretary of the state board, show- ing such fact, and said diploma, accompanied by said docu- ment of the state board attached thereto, shall become a permanent certificate of qualification to teach in any gram- mar or primary or high school in the state, valid until such time as the said document shall be revoked by said state board of education, for any of the causes shown in subdi- vision four of section seventeen hundred and ninety-one of this code. En. March 12, 1872. Am'd. 1873-4, 103; 1875- 6, 29; 1877-8, 30; 1880, 42; 1881, 45; 1889, 193; 1891, 163; 1893, 260; 1901, 673; 1905, 488. Cal. Rep. Cit. 117, 524; 128, 445; 128, 446; 128, 448. § 1776. Certificates to graduates of normal school. Any member of a county board of education or of a city board of examination who shall, except in the regu- lar course of study in the public schools, teach any classes where pupils are given special instruction to pre- pare them for passing examination to obtain teachers' certificates, or who shall give special instruction to any person preparing for examination to obtain a teachers' certificate, shall be deemed guilty of a misdemeanor, and upon conviction thereof, his office shall be declared vacant. No certificate shall be issued to any applicant who has received special instructions, when preparing for examina- tion, from any member of a county board of education, or of a city board of examination. En. March 12, 1872. Rep. 1873-4, 111. En. Stats. 1889, 196. Am'd. 1893, 261. § 1777. Compensation of board. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 103. Rep. 1880, 47. § 1778. Permanent certificates. County or city and county boards of education shall have the power to issue permanent certificates valid, within the county or city and county in which issued, during the life of the holder, or until revoked for any of the causes shown in sub- division four of section seventeen hundred and ninety-one of this code. Said permanent certificates shall be issued on the following credentials and conditions: 397 PUBLIC SCHOOLS. § 1778 1. Whenever the holder of any certificate shall have taught successfully in the same county or city and county for five years the board of education of said county or city and county may, in addition to or in place of the renewal of such certificate, grant a permanent certificate of the kind and grade of the class in which said applicant has been teaching; provided, that in the issuance of a per- manent high school certificate at least twenty months' successful high school experience, taught upon a high school certificate, shall be included in the five years' ex- perience required. 2. Whenever the holder of any certificate shall have successfully completed five years of successful experience in' any county or city and county, the board of education of said county or city and county may, upon application and under the other conditions named in this section, grant to said applicant a permanent certificate. 3. Whenever the holder of any life or educational diploma shall have complied with the conditions as enumerated in subdivision one of this section, the said board of education shall, without fee, issue upon application, a permanent certificate of the grade of said life or educational diploma. 4. No permanent certificate shall be of a higher grade or, if special, of a different kind from the certificate upon which granted. 5. Upon the presentation of any certificate, except the primary grade, for renewal for the second time, or for any time thereafter, the board of education, in renewing said certificate shall, by such renewal, cause such certificate to become permanent; provided, the applicant for said renewal shall have complied with the other conditions of this section. (b) And it shall be the duty of the county superin- tendent to attach to said certificate a document giving it the full force and effect of a permanent certificate within said county or city and county. 6. Each applicant for a permanent certificate must pre- sent to the county or city and county board of education satisfactory evidence of the experience upon which said permanent certificate may be issued. 7. All permanent certificates shall be upon blank forms prepared by the state superintendent of public instruction. En. Stats. 1901, 665. 8§ 1787-1790 PUBLIC SCHOOLS. *• ARTICLE XVII. CITY BOAllDS OF KXA MINATION. § 17S7. Mny ho n linnrndont, when in bis Judgment the same are necessary; and on the recommendation. In writing, of any three mem- bers of the board, the city, or city and county, superin- tendent shall call a special meeting. No business shall be transacted at any special meeting except such as is Indicated In the call therefor; and of all such meetings, S99 PUBLIC SCHOOLS. S 1791 due notice shall be given to each member of the board. The place of meeting shall be designated by the chair- man. The meetings of the city, or city and county, board of examination shall be public and a record of their pro- ceedings shall be kept in the office of the city, or city and county, superintendent of schools. En. March 12, 1872. Am'd. 1873-4, 103; 1877-8, 31; 1880, 42; 1881, 46; 1893, 261; 1901, 675. § 1791. General powers. 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 own government and for the examination of teachers. Second — To examine applicants, and to prescribe a standard of proficiency which may entitle the person ex- amined to receive: (a) A city, or city and county, gram- mar school certificate, valid for six years, authorizing the holder to teach any primary or grammar school or class in such city, or city and county; (b) A city, or city and county, special certificate, valid for six years, author- izing 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 spe- cial 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, orthogra- phy, defining, and methods of teaching. No special certifi- cates shall be granted to teach, in any school, studies other than drawing, music, physical culture, and commer- cial, technical or industrial work. The board of examination shall report the result of the examination to the city, or city and county, board of edu- cation; 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, profan- ity, intemperance, or evident unfitness for teaching, to recommend to the city, or city and county, board of edu- cation, to revocation of any certificates previously granted by said board of education in such city, or city and county. §§ 1792-1794 PUBLIC SCHOOLS. is lost or unixeces- sarily detained for want of a pilot or steam tugboat, after raising a signal for a pilot within eight miles of the bar at the entrance of the bay, the pilots may be suspended or displaced by the commissioners, and those gailty of negligence or inattention must pay to the commissioners a sum not exceeding five hundred dollars, to be recovered in a suit by them, and are liable to the owners of the lost or detained vessel in the amount of damage resulting from such negligence or inattention. The commissioners must publish all proceedings had in such cases. En. March 12, 1872. § 2482. Commissioners to recover forfeitures, etc. The commissioners must sue for and recover all penalties and forfeitures from pilots, masters, or owners of vessels, or other persons, or from the vessels violating any of the pro- visions of this article. The money so collected must be paid into the county treasury of Humboldt County, for the use of the public schools, the commissioners first de- ducting therefrom, if sufficient, enough to defray their salaries and necessary expenses. En. March 12, 1872. 559 PUBLIC WATERS. S9 2483-24S7 § 2483. Compensation of commissioners. The commis- sioners must each receive the sum of four doilara per day for each day actually employed in the discharge of their duties, and all necessary expenses for staMonery, lights, and fuel used in their office, which sum must be de- ducted from the moneys received by them befoie deposit- ing the same in the county treasury. En. March 12, 1872. § 2484. Secretary to publish receipts. Un the first week In January of each year, the secretary of the hoard must cause to be published in a newspaper published in Humboldt County, a full account of all the receipts and ex- penditures for the year previous. En. March 12, 1S72. § 2485. Pilots to observe regulations. The commission- ers of Humboldt Bay and Bar must strictly observe and enforce the following regulations: 1. A pilot absenting himself from his duty for more than two months forfeits his license. 2. Each pilot must apply for a renewal of his license ten days before the expiration thereof, otherwise it must not necessarily be renewed. 3. If a pilot becomes intoxicated while in charge of a vessel as pilot, he must be suspended or dismissed and his license withdrawn. En. March 12, 1872. § 2486. License, how forfeited. Licenses of pilots are forfeited, and must be withdrawn by the board of commis- sioners in the following cases: 1. A failure to renew his bond or sureties when required by the board. 2. Willful violation of any duty prescribed by law, or a regulation of the board. 3. Negligently losing a vessel. 4. Mental derangement. 5. Habitual drunkenness. Notice of any charge must be given to the pilot accused, and an opportunity to defend himself given before his removal. En. March 12, 1872. § 2487. Pilot losing vessel. A pilot negligently losing a vessel must not thereafter receive a license as a pilot, and is liable for all damages sustained in consequence of §§ 2488-2491 PUBLIC "WATERS. 580 such neglect. If a pilot negligently runs a vessel on shore, he must receive no pilotage; and he is liable on his bond for all damages sustained. En. March 12, 1872 § 2488. Extra services. The master, owner or con- signee of any vessel to whom any pilot may have rendered, upon request of either of them, any extra service for the preservation of such vessel while in distress, must jiay such pilot, in addition to his regular fees, such amount as the commissioners determine to be a reasonable and just re- ward, if no special agreement has been made between such master, owner, or consignee of such vessel and the piJot. En. March 12, 1872. § 2489. Full pilotage. A pilot boarding any vessel dis- playing a signal for a pilot is entitled to receive full pilotage. En. March 12, 1872. § 2490. Further fees. The commissioners are entitled to charge for each license to a pilot a sum not exceeding fifty dollars; and any master of a coasting vessel, being an American citizen, can, upon application to the pilot com- missioners, obtain a special license for the use of such ves- sel only, by paying the commissioners for the same at the rate of one dollar per ton; all such ves.^el? must be under one hundred and seventy-five tons burden. En. March 12, 1872. § 2491. Claims against board. All claims against the commissioners must be considered at a stated meeting, and if correct must be allowed and paid. En. March 12, 1872. 561 PUBLIC WATERS. §8 2601-2504 ARTICLE VIII. PORT WARDENS. § 2501. Number of port wardens. § 2502. Board for San Francisco. § 2.i03. Duty of wardens. § 2504. To keep ojien record. § 2505. Surveys, and what same must set forth. § 2506. May call assistance, but no charge therefor. § 2507. Sales of wrecks, etc., and merchandise for foreign underwrit- ers. § 2508. Notice of sale, how given. § 2309. Wardens not to be connected with Insurance. § 2510. Fees for surveys and certificates. § 2511. Penalty for acting as port warden. § 2501. Number of port wardens. There are four port wardens for the port and harbor of San Francisco, and one for each and every other port of entry within this state. En. March 12, 1872. § 2502. Board for San Francisco. Of the wardens ap- pointed in San Francisco two or more must be master mariners. They must act in concert in the oischarge of their duties, and are known as the board of port wardens for the port of San Francisco. En. March 12, 1872. § 2503. Duty of wardens. The port wardens, when re- quired by any person interested in either vessel or cargo, must survey any vessel arriving in distress, or which has sustained damage or injury at sea, and survey in whole or in part the cargo thereof; and must survey the hatches, stowage, and cargo of all vessels laden with general or assorted merchandise belonging or consigned to various parties. En. March 12, 1872. § 2504. To keep open record. They must keep in a book provided for such purpose a record of all surveys, signed by the warden making the survey, at all times open for inspection by any person interested in the vessel or cargo surveyed, of which all persons requiring them must be furnished with copies certified under the hand of the warden or one of the board of wardens and seal of the board, on payment of the fee therefor. En. March 12, 1872. Cal. Rep. Cit. 123, 320. PoL Code— 36 §§ 2505-2507 PUBLIC WATERS. 662 § 2505. Surveys, and what same must set forth. In all surveys made by a port warden he must set forth clearly and fully the nature of the damage; if of merchandise, whether from, actual contact with sea water or through the excess of water in the hold of the vessel, or from the humidity or sweat of the hold, bad stowage, or from such other cause by which in his judgment the damage has been occasioned. If the survey is of a damaged vessel he must give a full account of all the loss and in- jury which she has sustained, and recommend the re- pairs. He must state the value of the vessel in her damaged condition, and also the value of the repairs rec- ommended, setting forth what parts are to be supplied anew and what parts to be put in repair. En. March 12, 1872. § 2506. May call assistance, but no charge therefor. Whenever a port warden deems it necessary he may call to his assistance, on a survey, a ship carpenter, rigger, sailmaker, or other person practically acquainted with the merchandise to be surveyed or parts of the vessel to be repaired, who must be sworn to examine properly and to render with the warden a correct and faithful report of the surveys. No additional charge must be made therefor to the vessel unless their survey is required by the owner or agent thereof. En. March 12, 1872. § 2507. Sales of wrecks, etc., and merchandise for for- eign underwriters. All wrecked or damaged vessels, or materials from the same, and all merchandise sold at pub- lic auction for account of underwriters residing abroad, when required by any party having an interest in the same, or for account of whom it may concern, or upon which claims are to be made against underwriters resid- ing abroad, must be sold under the inspection of a warden of the port where such sale is made. And the warden must separate sound goods from tuOaS damaged, and certify specially the nature, and, as far as can be done, the extent of such damage. No port warden has authority to sell or dispose of any property that may have been surveyed by him without the consent of the owner or agent of the same; nor when the settlement of losses has been agreed upon in writing by the parties interested and a copy thereof given to the warden. En. March 12, 1872. Marine insurance: Civ. Code, sees. 2655-2746. Loss: Civ. Code, sees. 2701-2712. Abandonment: Civ. Code, sees. 2716- 2732. Measure of indemnity: Civ. Code, sees. 2736-2746. 863 PUBLIC WATERS. 9S 2508-2511 Wrecks and wrecked property: See ante, art. IV, sees. 2403 et seq. i 2508. Notice of sale, how given. In case sales are made at auction under the direction of the port warden, he must give at least three days' notice of the same by publication in some newspaper published in the county where the survey is made, describing the articles to be sold; and if merchandise, the vessel by which imported; and if a wrecked or damaged vessel or materials of the same, the name of the vessel and where from, if no news- paper is published in the place where the same is made, then a written notice of 3uch sale must be posted up in the vicinity. En. March 12, 1872. § 2509. Wardens not to be connected witii Insurance. No port warden must, either directly or indirectly, have any connection with insurers of this state, or of any other of the states, or of Jo'eign countries, or with the agents or representatives of such insurers, so far as his duties as port warden are concerned. He must not in any manner be interested, directly or indirectly, in any repj,irs he may recommend, nor in any vessel, cargo, or portion of cargo, he may be required to survey. En. March 12, 1872. § 2510. Fees for surveys and certificates. For each and every survey the port warden is entitled to fifteen dollars, to be paid by the owners, masters, or consignees, the amount not to exceed altogether for any one vessel the sum of seventy-five dollars. Foreign vessels, not admitted by treaty on terms of equality with American bottoms, must pay fifty per cent advance on this rate. For all separate certificates of surveys required by different consignees he is entitled to a fee of two dollars and a half, and for each order of sale he is entitled to ten dollars. En. March 12, IG72. § 2511. Penalty for acting as port warden. Any person other than a port warden, appointed according to law, who performs any of the duties of such officer prescribed in this article is liable to a penalty of not less than five hundred dollars nor more than one thousand dollars for each offense, to be recovered in any court of competent iurisdiction by the warden or board of port wardens, in the § 2530 PUBLIC WATERS. G64 name of the people of the state of California. En. March 12, 1872. Exercising functions of office wrongfully: Pen. Code, sec. 75. ARTICLE IX. SAN FRANCISCO -HARBOR AND STATE HARBOR COMMISSION- ERS. § 2520. Appointment fo state harbor commissioners. § 2'i21. Bonds. Employee3 § 2522. Employees and their duties. § 2523. Actions for property, money, and removal of obstructions. § 2524'. Jurisdiction of board. § 2525. Extension and supervision cf streets along water front. § 2526. Limit of money to be collected. § 2527. Requisites of valid contract. § 252S. Disposition of moneys collected. § 2529. Vouchers, drafts, and warrants. § 2530. Reports and receipts. § 2531. Ex-offlcio members of board. § 2532. New sea wall for San Francisco Harbor. § 2533. San Fi-ancisco Harbor improvement fund. § 2534. Limit of compensation for collecting dockage, etc. (Repealed.) § 2535. State tieasurer's receipts, disbursements, and account books. § 2536. Proposals and contracts for construction of new sea wall. g 2537. Report of commissioners to governor. § 2538. Maps of changes in lines of water front or streets. § 2539. Office and duties Of chief wharfinger. § 2540. Duties of chief wharfinger as to abandoned watercraft and boats adrift. § 2.541. Failure to obey orders of chief wharfinger. § 2542. Obstructions to nevigation. § 2543. Fast driving on wharves prohibited. § 2544. Police judge's court to try misdemeanors hereunder. S 2545. Qualifications of officers. § 2546. Obligee on official bonds. § 2.''>47. Seal. § 2548. When no tolls or wharfage to be collected. § 2549. Collections and payments in gold and silver coin only. § 255. Duties of road commissioners. § 2646. Bids to maintain roads. (Repealed.) § 2647. Duties and powers of supervisors respecting roads. §§ 264S-2650. (Repealed.) § 2641. Road districts. Road commissioners. The board of supervisors of the several counties shall divide their respective counties into suitable road districts, and may change the boundaries thereof, and each supervisor shall be ex-officio road commissioner in his supervisor dis- trict, and shall see that all orders of the board of super- Ml HIGHWAYS. §§ 2642, 2ti43 Tisors pertaining to the roads in his district are properly executed; provided, when in any count j' the members of the board of supervisors thereof are not elected by dis- tricts, it shall be the duty of such board, by proper order, to be entered in its records, to divide such county into supervisor districts to correspond with the number of members of such board, and to assign to each member thereof one of such districts, of which he shall be such road commissioner; when not otherwise provifled by law, he shall receive for his services as such road commis- sioner twenty cents per mile, one way, for all distances actually traveled by him in the performance of his duties; provided, that he shall not, in any one year, receive more than three hundred dollars. En. Stats. 1883, 7. Am'd. 1887, 77; 1891, 474; 1893, 113. Cal. Rep. Cit. 68, 67; 79, 474; 102, 404; 125, 211; 125, 212; 126, 623; 137, 518. § 2642. Road overseers. From and after the Monday following the first day of January, A. D. eighteen hun- dred and ninety-three, the office of road overseer shall be abolished; provided, that whenever in this code the words "road overseer" occur, they shall be taken and construed so as to read road commissioner. En. Stats. 1883, 8. Am'd. 1885, 94; 1887, 78; 1891, 474. Cal. Rep. Cit. 70, 612; 126, 624. § 2643. Supervisors, powers and duties of respecting roads. The boards of supervisors of the several counties of the state shall have general supervision over the roads within their respective counties. They must by proper order: 1. Cause to be surveyed, viewed, laid out, recorded, opened, and worked, such highways as are necessary to public convenience, as in this chapter provided. 2. Cause to be recorded as highways all highways which have become such by usage, dedication or abandonment to the public, or by any 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 public highways, and for that purpose require the § 2643 HIGHWAYS. 632 district attorney to institute proceedings, under title seven, part ttiree, of tlie Code of Civil Procedure, and to pay therefor from the general road fund on the district road fund of the county. 5. Levy a property tax for road purposes. 6. Cause to be erected and maintained, at the intersec- tions and crossings of highways, guide posts properly in- scribed. 7. Cause the road tax collected each year to be appor- tioned 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 establish- ment of gates on the public highways, in certain cases, to avoid the necessity of building 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 purchase 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 benefited. Whenever it is determined by a two-thirds vote of the board of supervisors of any county that the public con- venience and necessity demands the acquisition or con- struction 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 a resolution passed by a two-thirds vote of the board of supervisors determine to acquire or construct such road and thereafter may proceed to acquire or construct such road and if the cost of such road when constructed shall exceed five thousand 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. 633 HIGHWAYS. § 2ti4a 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 proper order, direct the county surveyor to make definite surveys of the proposed work, and to prepare profiles and cross- sections thereof, and 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 sur- veyor's oSice, 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 published at the county seat and the other at a point nearest the proposed work. Such advertisement must be in the fol- lowing form: "Office of the clerk of the board of supervisors, " County, , 190—. "Sealed bids will be received by the clerk of the board of supervisors of County, at his office, until o'clock M., , , 190 — , 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 ," 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 conspicuous places in the district or districts in which 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 advertise- ment. 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 done more cheaply by day labor, in which case the bids must be rejected, and the work ordered done by the road commis- sioner, or commissioners, in whose district or districts, the § 2643 HIGHWAYS. 684 work may be situated. In case the work shall he let by contract, monthly or quarterly payments may be made thereon upon the receipt of a certified estimate by the county surveyor of the amount of 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 esti- mates must be paid for by the contractor. Upon the completion of the work, the county surveyor must examine the same, and if completed in accordance with the speci- fications thereof, he must submit to the board of super- visors 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 there- for, 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, not exceeding six feet in width, 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 path has been set apart, and the lines separating the same from the road has been located and marked, as aforesaid, the use of the same is hereby re- stricted to pedestrians and riders of bicycles, and other vehicles propelled solely by the power of the rider. The 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. En. Stats. 1883, 8. Am'd. 1891, 474; 1893, 114; 1897, 248; 1901, GCl; 1903, 70. • Cal. Rep. Cit. 71, 403; 80, 342; 89, 14; 90, 385; 126, 626; Subd. 2—99, 446. Subd. 3—89, 13. Subd. 4—80, 341. Subd. 10, 143, 241. Subd. 11—102, 404. § 2643a. Protection from storm-waters and floods. Whenever any public road or highway is in danger of being damaged by storm-waters or floods on the same the board of supervisors shall adopt such measures as may be neces- sary to prevent such damage, and may, by ordinance, establish a district, adopt a general plan of protection from storm-waters and floods therein, and may cause a part or 635 HIGHWAYS. 9S 2M4, 26« all of the road taxes collected in such district to be appor- tioned to a fund and expended for such purpose, and they may also apportion to such fund and expend for such pur- pose an amount not exceeding ten per centum of the general road fund of the county, or they may at the time of levying taxes for general county purposes levy a special tax for such purpose, not exceeding fifty cents on each one hundred dollars of the taxable property in the district as shown by the last assessment-roll, but no such special tax shall be levied upon any district until the proposition to levy the same has been submitted to the qualified electors of the district and received a majority of all the legal votes cast on said proposition. En. Stats. 1903, 80. § 2644. Report of labor on roads must accompany ex- pense claims. No claims for labor performed in any road district shall be allowed by the board of supervisors unless the same be accompanied by a report showing where the labor was performed, the nature of the same, and the number of animals, and the kind of implements used. But if said labor shall be performed under the direc- tion of a foreman or timekeeper, said foreman's or time- keeper's report shall cover all work performed under his direction, and shall be sulBcient to warrant the payment of all claims for labor so performed. The board of super- visors shall have power, and it is hereby made its duty, to prescribe rules and blank forms, not inconsistent with the laws of this state, for the making of the reports herein required. En. Stats. 1883, 9. Am'd. 1887, 78. Rep. 1891, 476. En. Stats. 1897, 241. § 2645. Duties of road commissioners. Road commis- sioners, under the direction and supervision and pursuant to orders of the board of supervisors, must — 1. Take charge of the highways within their respective districts, and shall employ all men, teams, watering carts, and all help necessary to do the work in their respective districts when the same is not let by contract; provided, Ihat no road commissioners shall be interested, directly or indirectly, in any contract or work to be done in the road 'district under his charge and control. 2. Keep them clear from obstructions, and in good repair, and destroy, or cause to be destroyed, at least once a year, all thistles, Mexican cockleburs, of any kind, and all noxious weeds, growing or being on any portion of the 21 §§ 2646-2650 HIGHWAYS. *« public highways or public roads in their respective dis- tricts. 3. Cause banks to be graded, bridges and causeways to be made when necessary, keep the same in good repair, and renew them when destroyed. En. March 12, 1872. Rep. 1873-4, 117. Am'd. 1880, 67. Rep. 1883, 5. En. Stats. 1883, 9. Am'd. 1889, 339; 1891, 476; 1893, 115. Cal. Rep. Cit. 78, 495; 90, 385; 102, 38; 102, 404; 126, 624; 126, 626. Department of highways: See General Laws, title High- ways. Bureau of highways: See General Laws, title Highways. § 2646. Bids to maintain roads. (Repealed.) En. March 12, 1872. Rep. 1873-4. 117. Am'd. 1880, 68. Rep. 1883, 5. En. Stats. 1887, 149. Am'd. 1891, 477. Rep. 1893, 115. Cal. Rep. Cit. 102, 38. § 2647. Duties and powers of supervisors respecting roads. Wlienever any right of way for a public highway has been or may hereafter be conveyed to a county without consideration, other than that the said county shall con- struct and maintain a highway thereon and shall construct road fences along the lines thereof; and said right of way shall have been or shall hereafter be accepted and declared by the board of supervisors of the county a public highway, the said board may, in its discretion, provide for the building of road fences along the sard right of way, at any time within five years from the date of such convey- ance to the county. The cost of such fences may be charged to and paid from the general county fund, the general road fund, or the district fund of the district or districts benefited; provided, that not to exceed one half of the cost of any fences so constructed shall be paid from the general county fund. En. March 12, 1872. Am'd. 1873-4, 117; 1880, 68. Rep. 1883, 5. En. Stats. 1901, 633. § 2648. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 118. Rep. 1880, 76. § 2649. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 118; 1880, 69. Rep. 1883, 5. § 2650. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 119; 1880, 69. Rep. 1883, 5. 637 HIGHWAYS. § 2651 ARTICLE IV. HIGHWAY TAXES. § 2631. General road fund. § 2652. Road poll tax. § 2653. Property highway tax. § 2')."i4. Asse.s.sment and collection of property highway tax. § 2655. Taxes, to be expended in districts. § 2656. No such section. §§ 2657-2664. (Repealed.) § 2651. General road fund. The board of supervisors may, at the meeting at which they are required to levy the property tax for road purposes, establish a general road fund and order to be apportioned thereto an amount not exceeding thirty-five per centum of the aggregate roa-d tax collected from all sources. The moneys in such general road fund shall be applied to the following purposes only: First, the payment of the expense of general county road improvements in which the inhabitants of all of the dis- tricts within the county are interested; second, the assist- ance of weak and impoverished districts in keeping roads in repair; third, the payment of such demands as are pay- able by law out of the general road fund; provided, that no greater proportion of such general road fund shall be used or expended in any road district than the amount collected in such road district, unless the board of super- visors shall by a two-thirds vote of all its members au- thorize the expenditure therein of such greater proportion, and the said board shall have no power to create a debt on any road district in excess of the estimated amount of receipts from said district for the current year. The moneys in such general road fund at the end of the fiscal year, after the payment of all warrants drawn on such fund, shall be reapportioned by the county auditor to the •district fund of the several road districts in which it was collected. All contracts, authorizations, allowances, payments, and liabilities to pay, made or attempted to be made in violation of this act, shall be absolutely void, and shall never be the foundation or basis of a claim against the treasury of such county. And all officers of said county are charged with notice of the condition of the treasury of said county, and the extent of the claims against the same. All super- visors, and any other officer authorizing or aiding to authorize, or auditing or allowing any claim or demand upon or against said treasury, or any fund thereof, in violation of any of the provisions of this act, shall be 5 2652 HIGHWAYS. «8» liable in person, and upon their several official bonds, to the person or persons damaged by such illegal authoriza- tion to the extent of his loss by reason of the non-payment of his claim. The treasurer paying any claim authorized, allowed, or audited in violation of this provision shall be liable on his oflBcial bond to refund the same to the county treasury. En. March 12, 1872. Rep. 1873-4, 120; 1880, 76. En. Stats. 1883, 10. Am'd. 1901, G55. Cal. Rep. Cit. 75, 505; 78, 495; 137, 518. § 2652. Road poll tax. The board of supervisors may, annually, at any regular meeting held between the first days of January and March of each year, levy on each male person over twenty-one and under fifty-P.ve years of age found in each road district during the time for the collec- tion of road poll taxes for that year, excepting all persons who were honorably discharged from service in the army or navy of the United States at any time within the first day of April in the year of our Lord eighteen hundred and sixty-one, and the first day of September in the year of our Lord eighteen hundred and sixty-five, an annual road poll tax not exceeding three dollars; and from every such person not above excepted, in a road district, who has not paid the same in some other district, must be collected the amount of road poll tax so levied. Said road poll tax shall be collected by the county assessor in the same manner that state poll taxes are collected, and all remedies given by law for the collection of state poll taxes shall apply to and be in force for the collection of road poll taxes. Road poll-tax receipts, in blank, signed, and numbered in the same manner that other poll-tax receipts are signed and numbered, shall be delivered by the auditor of the county to said county assessor on or before the first Monday of March of each year; and said assessor shall be charged with the amount of such road poll-tax receipts delivered to him, and be credited with those returned, and shall settle with the auditor, and pay over the amounts collected, in the manner provided by section thirty-eight hundred and fifty-three of this code. A sum not exceeding thirty-five per cent of all road poll-taxes so collected may be apportioned to the general road fund, and the balance shall be apportioned to the several districts of the county from which said road poll-tax was collected. En. March 12, 839 HIGHWAYS. §5 2653-265T 1872. Rep. 1873-4, 120; 1880, 76. En. Stats. 1883, 10. Am'd. i889, 353; 1891, 478. Cal. Rep. Cit. 78, 495; 104, 66; 104, 67. § 2653. Property highway tax. The board of supervisors must each year, at the meeting at which they are required to levy the property tax for county purposes, estimate the probable amount of property tax for highway purposes which may be necessary for the ensuing year, over and above the road tax, and must regulate and fix the amount of property highway tax, and levy the same thereby; pro- vided, that said property tax for highway purposes shall not exceed the sum of forty cents upon each one hundred dollars of assessable property in any one year. En. March 12, 1872. Am'd. 1873-4, 120; 1877-8, 641; 1880, 69. Rep. 1883, 5. En. Stats. 1883, 11. Cal. Rep. Cit. 78, 495. § 2654. Assessment and collection of property highway tax. The annual property tax for road purposes must be levied by the board of supervisors at their session when the tax is by them levied for county purposes. This prop- erty road tax, when levied, must be annually assessed and collected by the same officers and in the same manner as other state and county taxes are levied, assessed, and collected, and turned over to the county treasurer for the use of the road districts from which it is respectively collected. En. Stats. 1873-4, 38. Rep. 1880, 76. En. Stats. 1883, 11. Cal. Rep. Cit. 96, 636; 104, 67; 137, 518; 137, 519. § 2655. Taxes to be expended in districts. All property road tax and road poll-tax collected in each road district shall be expended for road purposes within the district in which it is collected, subject to the provisions of sections two thousand six hundred and fifty-one and two thousand six hundred and fifty-two. En. Stats. 1883, 12. Cal. Rep. Cit. 137. 518. § 2656. [No such section.] § 2657. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 120; 1880, 70. Rep. 1883, 5. §§ 2658-2680 HIGHWAYS. «« § 2658. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 120. Rep. 1880, 76. §§ 2659-2662. (Repealed.) En. March 12, 1872. Am'd. 1873-4, 121; 1880, 70. Rep. 1883, 5. § 2663. (Repealed.) En. March 12, 1872. Am'd. 1880, 71. Rep. 1883, 5. § 2664, (Repealed.) En. March 12, 1872. Am'd. 1873-4, 122; 1880, 71. Rep. 1883, 5. ARTICLE V. PERFORMANCE OF HIGHWAY LABOR AND COMMUTATION. § 2671. Employers responsible for road taxes assessed against em- ployees. §§ 2672-2679. No such sections. § 26S0. (Repealed.) § 2671. Employers responsible for road taxes assessed against employees. Corporations, or other employers of persons in any road district subject to road tax, are chargeable for the road poll tax assessed against their employees to the extent of any credit in their hands not exceeding such tax; provided, the road overseer shall first give notice to such employer, or the managing agent of such corporation, and from the time of such notice, the amount of any credit in his hands, or that shall thereafter accrue sufficient to satisfy said tax, shall be paid to the road tax collector, whose receipt shall be evidence In bar of the prosecution of any action by the employee against the principal for the recovery of the same. En. Stats. 1883. 12. §§ 2672-2679. [No such sections.] § 2680. (Repealed.) En. March 12, 1872. Rep, 1883. 5. 641 HIGHWAYS. §g 2681. 2682 ARTICLE VI. LAYING OUT, ALTERING, AND DISCONTINUING ROADS. § 2G81. Who may apply to alter, discontinue, or lay out. § i:6S2. Petition. § 268.'^. Bon'd. § 26S4'. Viewers. § 26S5. Duties of viewers. § 26S(>. Rfi>ort of viewers. § 2GS7. Viewers and surveyors, how pal'd. § 2(!SS. Proceedings of board In hearing report. § 26S9. Proceedings on arproval of report. Damages. § 26,0. Rejection of damages. Proceedings to procure right of way. § 2691. Payment of awards and expenses. § 26!i2. Pi'ivate roads, how opened. § 2(i9.3. Record of transfer of right of way. § 2694. Roads crn.« ARTICLE IX. PERMANENT ROAD DIVISIONS. § 274.1. Road divisions, formation of. § 2746. Petition for formation of. § 2747. Affidavit accompanying petition. § 274S. Publication of petition and notice. § 2749. Hearing of petition. § 2750. Boundaries of. § 2751. Petition for improvement of roavls. § 2752. Duty of board on receipt of petition. § 27.5.3. Funds may be set apart. § 2754. Duty of board in regard to special tax. § ^755. Notices of election for special tax. § 2756. Elections to vote upon special tax. g 2757. Ballots. § 275S. Officers must certify results of election. § 2759. Supervisors to compute levy and collect tax. § 2760. Election for issuing road bonds. § 2761. Posting and publishing notices. § 2762. Election notice must contain what. § 2763. General law to govern elections. § 2764. Certify >ng results; duties of supervisors. j 2765. Form of bonds. § 2766. Interest. What bonds must contain. § 2767. Reversion of funds. § 2768. Work to be done by contract. § 2769. Inspectors, appointment and duties of. § 2770. Payments on account. § 2771. Moneys remaining in fund. § 2772. Expenses of organization. § 2745. Road divisions, formation of. Any portion of a county not contained in a permanent road division may be formed into a permanent road division under the pro- vision of this act, and when so formed shall have the powers herein enumerated and such as may hereafter be conferred thereon by law. En. March 12, 1872. Rep. 1883, 5. En. Stats. 1901, 277. § 2746. Petition for formation of. A petition for the formation of a permanent road division (naming it) may be presented to the board of supervisors of the county wherein the division is proposed to be formed. It shall be signed by at least a majority of the landowners resid- ing within the proposed division, and shall contain: 1. The boundaries of the proposed division; 2. The number of acres therein contained and the as- sessed valuation of the same accordingly to the last com- pleted assessment roll of the county; 3. The value of the improvements on real estate and of the personal property within the proposed division accord- ing to the last completed assessment roll; 657 HIGHWAYS. 55 2747-2749 4. The number of inhabitants therein as near as can be ascertained; 5. A particular description as to location of the road or roads which it is desired to construct or Improve and the necessity for such work; 6. By the last completed assessment roll is meant the last roll as made up by the assessor, with the changes ordered by the supervisors sitting as a board of equaliza- tion. En. March 12, 1872. Am'd. 1873-4, 128; 1880, 76. Rep. 1883, 5. En. Stats. 1901, 277. Cal. Rep. Cit. 51, 416; 71, 37; 136, 549. § 2747. Affidavit accompanying petition. Such petition shall be accompanied by an affidavit stating that affiant has compared the valuations therein given with those on the last completed assessment roll and that the same are complete and correct. En. March 12, 1872. Am'd. 1873-4, 128; 1880, 76. Rep. 1883, 5. En. Stats. 1901, 277. § 2748. Publication of petition and notice. Such peti- tion shall be presented at a regular meeting of the board of supervisors, and shall be published for at least three insertions in some weekly paper, or for the period of fif- teen days in a daily paper published in said county, before the time at which the same is to be presented, together with a notice stating the time of the meeting at which the same will be presented, and naming a day when the board will be asked to consider the same, such day not being later than the fifth day of the monthly session when said petition is to be presented. En. March 12, 1872. Rep. 1883, 5. En. Stats. 1901, 278. § 2749. Hearing of petition. Upon the day namea for the hearing of said petition the board shall hear the same, and may adjourn such hearing from time to time, not more than two months in all. On the final hearing they shall make such changes in the proposed boundaries as they may find to be proper, and shall define and establish such boundaries. Any changes made by the board shall not include any territory outside of the boundaries described in the petition, until the board has given at least twenty •days' notice of its intention to include such territory in said district. Such notice shall be given by publication for at least two insertions in a weekly or for a period of ten days in a daily published in the county, and by Pol. Code— 42 §§ 2750, 2751 HIGHWAYS. 858 leaving a copy of said notice at each place of abode on said territory. En. March 12, 1872. Rep. 1883, 5. En. Stats. 1901, 278. § 2750. Boundaries of. The boundaries established by the board shall be the boundaries of such permanent road divisions 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 division have been incorrectly described, it shall direct the county surveyor to ascertain and report a correct description of the boundaries In con- formity with the orders of the board. At the first regular meeting of the board after the filing of the county sur- veyor's report, they shall cause notice to be published in some newspaper published in the county that the report will be considered at the next regular meeting of the board, naming the day, and at such meeting the board shall ratify the report of the surveyor, with such modifications as they deem necessary. And the boundaries so established shall be the legal boundaries of such permanent road divi- sion. En. March 12, 1872. Rep. 1883, 5. En. Stats. 1901, 278. § 2751. Petition for improvement of roads. At the time of forming a permanent road division, or at any time thereafter, any ten or more resident freeholders thereof, may petition the board of supervisors to have plans pre- pared for the construction or improvement of the road or roads or any part thereof mentioned in the petition for the formation of said division, or of the whole or any part of any other road in the division. Such petition shall state: 1. The recommendations of the petitioners as to the materials to be used and the manner of constructing or repairing said road or roads; 2. An estimate of the probable cost of such work; 3. A request that the board appropriate for said work a sum of money, naming it, from the general road fund of the county; 4. A request that the board appropriate for said work a sum of money, naming it, from the road district funds in the road districts of which said permanent road division forms a part; 5. A request that a special tax be levied or that the bonds of the division be issued to raise the balance neces- 659 HIGHWAYS. S§ 2752-2755 sary for said work. En. March 12, 1872. Rep. 1883, 5. En. Stats. 1901, 278. § 2752. Duty of board on receipt of petition. Upon re- ceiving such petition the board shall proceed to prepare, or cause to be prepared, plans and specifications for and an estimate of the cost of the work mentioned in said pe- tition, and for any other road, bridge, culvert or work considered a necessarj'' part of the permanent road peti- tioned for. En. March 12, 1872. Rep. 1883, 5. En. Stats. 1901, 279. § 2753. Funds may be set apart. When the board has adopted plans and specifications for said work they may set apart therefor such a sum from the general road fund of the county as they shall consider equitable; also, such sum from the funds of the district or districts of which said division is a part, as they consider equitable, but not less than seventy-five per cent of the sum which bears the same ratio to the whole fund of the district or districts which the assessed valuation of the division bears to the whole valuation of the district or districts of which it forms a part. The board may in its discretion give more than this percentage. These sums shall be set apart in a fund, to be known as the permanent road fund of division (using the name of the division). En. March 12, 1872. Rep. 1883, 5. En. Stats. 1901, 279. § 2754. Duty of board in regard to special tax. If a special tax has been petitioned for, the board of super- visors shall immediately order an election within said division to determine whether the same shall be levied. And the supervisors may, in their discretion, submit to the electors of said division the question whether the bal- ance of the estimated cost of said improvement shall be raised by special tax in one, two or three successive years, raising an equal amount each year. Such election must be called by posting notices not more than one mile apart and not less than three in all, along the road or roads proposed to be constructed or improved, at least twenty days before the election, and also by publishing the same notice in a daily or weekly paper published in the county at least once a week for three insertions. En. March 12, 1872. Am'd. 1873-4, 129; 1880, 76. Rep. 1883, 5. En. Stats. 1901, 279. § 2755. Notices of election for special tax. Such notices must specify the time and place or places of holding the §§ 2756-2759 HIGHWAYS. 660 election, the amount of money proposed to be raised and the purpose for which it is to be used, including a brief descripton of the proposed work and materials to be used, and whether it is proposed to raise the amount in one, two o" three successive years. If in more than one year, the amount proposed to be raised each year. En. March 12, 1872. Am'd. 1873-4, 129; 1880, 76. Rep. 1883, 5. En. Stats. 1901, 279. § 2756. Elections to vote upon special tax. For the pur- poses of this elecion, the supervisors shall establish, by order, one or more precincts and appoint three judges for each to conduct the same, and it must be held in all re- spects as nearly as practicable in conformity with the gen- eral election law; but no particular form of ballot need be used, nor shall any informality in conducting such election invalidate the same if the election shall have been otherwise fairly conducted. En. March 12, 1872. Am'd. 1880, 76. Rep. 1883, 5. En. Stats. 1901, 279. Cal. Rep. Cit. 95, 469; 99, 213; 136, 549. § 2757. Ballots. At such elections the ballots shall con- tain the words "Tax — yes" or "Tax — No." En. March 12, 1872. Rep. 1880, 76. En. Stats. 1901, 280. Cal. Rep. Cit. 102, 33. § 2758. Officers must certify results of election. The officers of the election must certify the result of the elec- tion to the board of supervisors, giving the whole number of votes cast, the number for and the number against the tax. If the majority shall be against the tax, the money theretofore transferred to the fund of such division shall revert to the funds from which it was taken. En. Stats. 1901, 280. § 2759. Supervisors to compute levy and collect tax. If the majority of the votes cast are for the tax, the super- visors must at the time of levying the county taxes levy a tax upon all the taxable property in the division suffi- cient to raise the amount voted for the current fiscal your. The rate of taxation shall be ascertained by de- ducting fifteen per cent for anticipated delinquencies from the aggregate assessed value af the property in the divl- 661 HIGHWAYS. §8 2760-2762 sion as it appears on the assessment roll of the county and then dividing the sum voted by the remainer of such ag- gregate assessment value. The tax so levied shall be computed and collected in the same manner as state and county taxes, and when collected shall be paid into the county treasury for the use of the division in which the tax is voted. En. Stats 1901, 280. § 2760. Election for issuing road bonds. If the petition mentioned in section seven of this act ask for the issuance of bonds, the supervisors shall call in election and sub- mit to the electors of the division whether the bonds shall be issued and sold for the purpose of paying for the proposed work or any part thereof. En. Stats. 1901, 280. § 2761. Posting and publistiing notices. Such election shall be called by posting notices not more than a mile apart along the line of proposed work, and not less than three notices in all, for not less than twenty days before the election; and by publishing the same in a daily news- paper published in the county for a period of fifteen days, or in a weekly paper for three successive insertions before said election. At the time of calling the election, the supervisors shall indicate the polling-place or places and define the boundaries of the election districts, but no regu- lar election precinct shall be part in one and part in an- other election district. En. Stats. 1901, 280. § 2762. Election notice must contain what. Such no- tice must contain: 1. The time and place or places of holding such elec- tion; 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 num- ber of years, not exceeding twenty, any part of said bonds shall run; 5. The purpose for which it is to be used, including a brief description of the proposed work and the materials to be used; 6. The signature of the chairman of the board, attested by the county clerk. En. Stats. 1901, 280. §§ 2763-2766 HIGHWAYS. «M § 2763. General law to govern elections. Such election shall be conducted as near as practicable in accordance with the general election law, but no particular form of ballot need be used. No informality in conducting such election shall invalidate the same if the election shall have been otherwise fairly conducted. At such election the ballots shall contain the words "Bond — Yes" or "Bond— No." En. Stats. 1901, 280. § 2764. Certifying results; duties of supervisors. The officers of the election must certify the result of the elec- tion to the board of supervisors, giving the whole number of votes cast and the number for and the number against the bonds. If two thirds of those voting thereon are in favor of issuing such bonds, then the board of supervisors shall cause an entry of that fact to be made upon the minutes, and thereupon they shall be authorized and em- powered to issue the bonds of said division to the number and amount provided for in such proceedings, payable out of the funds of such division, and that the money shall be raised by taxation upon the property in said district for the redemption of said bonds and the payment of in- terest thereon, but the total amount of bonds so issued shall not exceed fifteen per cent of the taxable property of the division as shown by the last equalized assessment roll of the county. En. Stats. 1901, 281. § 2765. Form of bonds. 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 shall become due, not exceeding twenty years from the date thereof. En. Stats. 1901, 281. § 2766. Interest. What bonds must contain. Such bonds shall bear no greater rate of interest than seven per cent per annum, and the interest shall be payable an- nually. The bonds and each coupon shall bear the auto- graph or fac-simile printed signature of the chairman of the board and of the county clerk. Said bonds shall be sold by the county treasurer, after reasonable notice, to the highest and best bidder, but not for less than par and accrued interest, if any. En. Stats. 1901, 281. «63 HIGHWAYS. §§ 2767-2770 § 2767. Reversion of funds. If at the election mentioned in section sixteen of this act, an issue of bonds is not au- thorized, the money transferred to the fund of the divi- sion shall revert to the funds from which it was taken. En. Stats. 1901, 281. § 2768. Work to be done by contract. The road work provided for in this act shall be done by contract let to the lowest responsible bidder in accordance with the pro- visions of section twenty-six hundred and forty-three of the Political Code of California. The successful bidder shall give a bond in such sum as the supervisors shall provide, conditioned for the faithful performance of the contract, and for the payment of all labor employed and material used in said work, and such bondsmen shall be jointly ard severally liable for the payment of all such labor employed and such material used. En. Stats. 1901, 281. § 2769. Inspeptors, appointment and duties of. Before opening the bids for doing the work herein provided for, the supervisors shall appoint two inspectors, residents of the division, both of whom shall not belong to the same political party, and fix their compensation, not exceeding thirty cents an hour for the time actually spent in the performance of their duties, which compensation shall be paid out of the funds of "the division. It shall be the duty of the inspectors to inspect from time to time the work being done under the contract. They shall file with the board of supervisors at least once a month written reports on the manner in which the contractor is perform- ing the work, setting forth in detail any objections they or either of them may have to the manner in which the work is being done, with recommendations as to changes de- sirable and provided for in the plans and specifications. They shall also estimate the amount of work of an un- satisfactory nature done since their last report and the supervisors shall make no payment on account of such alleged unsatisfactory work until the objections have been inquired into or until the contractor shall have performed the work in strict compliance with the plans and specifi- cations. En. Stats. 1901, 281. § 2770. Payments on account. The supervisors may, from time to time as the work progresses, make payments on account, but shall not, before the completion of the contract, pay more than seventy-five per cent of the con- §§ 2771, 2772 TOLL ROADS. 664 tract price of the amount completed, and final payment shall not be made until the work has been accepted by the board. En. Stats. 1901, 281. § 2771. Moneys remaining in fund. Any money remain- ing to the credit of the division on the completion of the work contracted for shall remain in the fund of the divi- sion and be expended in the maintenance of the road thus improved. Upon the payment of the debts of the division or upon the failure of the electors to vote a special tax or bonds in said division, for any part of the proposed work, the division shall cease to exist as a division. En. Stats. 1901, 282. § 2772. Expenses of organization. The expenses of or- ganizing a permanent road division and of conducting any election under the provisions of this act shall be a county charge, payable out of the general county fund. En. Stats. 1901, 282. CHAPTER III. TOLL, ROADS. Article I. CrnMiuction of Toll Roads, §§ 2779-2801. II. Use of Toll Roads, and Obstructions Thereon, §§ 2814-2817. III. Inspection and Repairs, §§ 2827-2832. ARTICLE I. CONSTRUCTION OF TOLL. ROADS. § 2779. Notice of an'd application to construct the road. S 27S0. fcp'^cial meeting of supervisors. § 2781. Hearing the application. § 2782. Action of supervisors. § 27S.i. Commissioners, how appointed for other counties. § 2784. Laying out the road. § 2785. Compensation of commissioners, map and report. § 2786. Branches anvl extensions. § 2787. Acquiring lands by grant. § i7S8. Appropiiatlon of damages for highways taken. § 2789. Application, when unnecessary. § 271)0. Orchards and gardens. § 2791. Bridging streams. § 2792. One road corporation using the roadbed of another. § 2793. How to be constructed. I 2794. May relay with what. § 2705. Mile-stones and posts. § 2796. Guide-posts. § 2797. Inspection, certlflcate, and completion. 8 279S. Erection of gates, etc. § 2799. Abandonment of road, and what becomes of It. § 2.S00. County may purchase road, how. § 2801. Aripralsement and award, how maxle. 665 TOLL ROADS. §§ 2779-2782 § 2779. Notice of and application to construct the road. If all lands necessary for the roadbed and other purposes are not otherwise acquired as hereinafter provided, the company proposing to construct a toll road through any part of a county must publish a notice in some newspaper published therein, and if none, then the newspaper nearest thereto, once in each week for six successive weeks, specifying the character of the road, the termini, and each town, city, or village through which it is proposed to construct it, and the time when the application hereinafter required will be made. After such notice is complete, on the day specified therein, application must be made to the board of supervisors of the county for authority to take the necessary land and to construct the road described in the notice. En. March 12, 1872. Cal. Rep. Cit. 88, 633; 95, 85. Wagon road corporations, taking tolls: Civ. Code, sees. 514 et seq. § 2780. Special meeting of supervisors. On application therefor the president of the board of supervisors may call a special meeting to hear the application, ten days notice thereof being served on each of the other supervi- sors, either personally or by leaving it at his place of residence if absent; the expense of such special meeting and serving notices must be paid by the applicant. En. March 12, 1872. § 2781. Hearing the application. On the hearing all residents of the county and others interested may appear and be heard. The board may take testimony, or authorize it to be taken by any officer of the county, and adjourn the hearing from time to time. En. March 12, 1872. § 2782. Action of supervisors. If it appears to the board of supervisors that the public interests will be promoted thereby, a majority of all the members thereof may grant the application, and by order authorize the company to take the real property necessary, and appoint two com- missioners to lay out the road, who are disinterested either in the company or in any land sought to be taken or adjoining thereto. A copy of this order must be recorded in the county clerk's office before action under it is had. En. March 12, 1872. Cal. Rep. Cit. 123, 181. §§ 2783-2787 TOLL. ROADS. 6W § 2783. Commissioners, how appointed for other coun- ties. If the route extends into more than one county, the application must specify their names, and the board of supervisors of each of such counties must appoint com- missioners to act in their respective counties with the commissioner and surveyor of the company. The com- pany must appoint one commissioner of like qualification as those appointed by the board of supervisors, and fur- nish a surveyor to accompany and act with them. En. March 12, 1872. § 2784. Laying out the road. The commissioners must take the oath of office, and view and lay out the road as in their judgment will best promote the public interest. They must hear all persons interested, and may take testimony; they may determine the breadth of the way, not exceeding one hundred feet, except where the company acquire a greater breadth by grant. They must make, sign, and certify an accurate survey and description of the route, and of the land necessary for the road, buildings, and gates in each county, and record the same in the office of the county clerk thereof. When the breadth of the road is not fixed by the commissioners it may be fixed by the commissioner of highways or the board of supervisors of the county. En. March 12, 1872. § 2785. Compensation of commissioners, map and report. The company must pay to each commissioner his expenses and four dollars a day for his services; cause their sur- veyor to make the map of the proposed road, which, when approved and certified by the commissioners, must be filed with the report in the office of the clerk of the board of supervisors and recorded. En. March 12, 1872. § 2786. Branches and extensions. The directors of any such company may, with the written consent of the hold- ers of two-thirds of the stock, proceed in the manner prescribed by the preceding seven sections to construct l3ranches tc their road, or to extend it or alter any part of its route or branches. En. March 12, 1872. § 2787. Acquiring lands by grant. Lands necessary for the purposes of the road of appurtenances may be ac- quired by purchase or condemnation. Lands within any highway may be granted by the board of supervisors or 867 TOLL ROADS. §§ 2788-2792 town or city authorities on such terms and for such sums as may be agreed upon. En. March 12, 1872. § 2788. Appropriation of damages for highways tak^n. When the road company desires the exclusive use of lands forming part of a highway, and such use is granted by the supervisors, the damages received therefor are to be paid to the road fund of the road district in which the same is situated. En. March 12, 1872. Road company collecting tolls: Civ. Code, sees. 514 et seq, § 2789. Application, when unrfecessary. When the com- pany has obtained all the lands necessary in any county, by purchase or agreement, the road may be constructed without making the application to the board of supervisors hereinbefore provided for; but before proceeding to do so, an accurate survey of such part of the road must be made by a practical surveyor, signed and sworn to by the presi- dent and secretary, and recorded in the county clerk's of- fice; and if the road extends into another county, author- ity to construct the road there must be first obtained. EH. March 12, 1872. Cal. Rep. Cit. 95, 85. § 2790. Orchards and gardens. No such road must be laid out through any orchard of four years' growth, to the injury of the fruit trees, or any garden of four years' cultivation, or any dwelling-house or building connected with a dwelling-house, or any yard or inclosure necessary thereto, without the consent of the owner. En. March 12, 1872. § 2791. Bridging streams. The road company may bridge any stream or river on the route of their road, when not within the limits prescribed by law for the erection and maintenance of any other bridge; and in bridging streams used for rafting lumber the bridge must be so constructed as not to prevent or endanger the passage of any raft forty feet in width. En. March 12, 1872. § 2792. One road corporation using the roadbed of an- other. No plank-road company must construct its road on the road of another company, except in case of cross- ings, without consent of the latter. En. March 12, 1872. §§ 2793-2797 TOLL ROADS. 668 § 2793. How to be constructed. Every such road must be laid out at least fifty feet wide. The track of plank roads must be constructed, eighteen feet wide, of timber, plank or other hard material. The track of turnpikes must be bedded with stone, gravel, or such other hard material found on the line thereof, to the width of eighteen feet, and faced with broken stone or gravel. The common wag- on road must be graded at least twelve feet in width, and so constructed with necessary turnouts as to permit ve- hicles to pass each other conveniently. All the roads must be ditched on the sides when practicable, and have proper and necessary sewerage, and be so constructed that ve- hicles may pass on and off the track at all intersections of roads. En. March 12, 1872. § 2794. May relay with what. Every company that has once laid their road with plank may relay it or any part of it with broken stone, gravel, shells, or other hard ma- terial whereby they keep a good, substantial road. En. March 12, 1872. § 2795. Mile-stone and posts. A mile-stone or post must be maintained at every mile, with an inscription showing the distance from the commencement of the road. If the road commences at the end of any other road, or inter- sects therewith, having mile-stones or posts on which the distance from any city or town is marked, a continuation of that distance must also be inscribed. En. March 12, 1872. Injuries to mile-stones, etc.: Pen. Code, sec. 590. § 2796. Guide-posts. A guide-post must be erected at every place where the road is intersected by a public road, with an inscription showing the name of the place to which such intersecting road leads, in the direction to which the name on the guide-post points. En. March 12, 1872. Injuries to guide-posts, etc.: Pen. Code, sec. 590. § 2797. Inspection, certificate, and completion. When the road, or three consecutive miles thereof, is completed, tne commissioner of highways or such road overseer or other person thereto specially appointed by the board of supervisors of the county, must inspect the road when re- quested, and if satisfied that the road conforms to the 669 " TOLL. ROADS. §§ 2798-2800 requirements of the law, must certify to the facts and file the certificate in the oflice of the county clerk; for such service four dollars per day must be by the company paid to the inspector or commissioner. When only three miles of any plank road are completed, if it is not the en- tire road, tolls must not be collected thereon for more than one year, unless the road or five consecutive miles are completed within the year. En. March 12, 187^. § 2798. Erection of gates, etc. When the certificate of completion is filed, toll-gates may be erected and tolls collected. No toll-gate, toll-house, or other building must be put up within ten rods of the front of any dwelling- house, barn, or outhouse, without written consent of the ov/ner thereof. En. March 12, 1872. § 2799. Abandonment of road, and what becomes of it. Whenever the holders of two-thirds of the stock consent, the directors of any company iiay abandon the whole or any part of their road at either or both ends, by written surrender thereof, attested by their seal, and i cknowledged by the president and secretary as a deed or grant is ac- knowledged, and recorded in the clerk's office of each county where the surrendered road lies; thereafter the surrendered road belongs to the road districts in which it lies, but the company may continue to take toll on any three consecutive miles in length not so surrendered. En. March 12, 1872. Cal. Rep. Cit. 99, 213; 122, 338. Road so abandoned becomes a highway: Ante, sec. 2619. § 2800. County may purchase road, how. At any time within five years from filing the certificate of completion of any road constructed under the provisions of this chap- ter, or at any time after any toll road constructed and un- der operation under any of the laws of this state has been in existence for ten cr more years, a county within which the road or any portion thereof is located, may purchase the same at a fair cash valuation, to be fixed by seven com- missioners, all disinterested persons; three to be appointed by the board of supervisors of the county, three by the owners of the road, and one by the judge of the superior court of the county, who must eLtimate the fair cash value of the road, and make report thereof, under oath, §§ 2801, 2814 TOLL, ROADS. 670 to the board of supervisors. If, within three months after filing the report, the appraised value thereof is tendered on behalf of the county to the owner of the road, or his authorized managing agent, in gold coin, the right of the owner to make tolls on the road is terminated, and the road to become the property of the county. En. March 12, 1872. Am'd. 1880, 22; 1895, 196. Cal. Rep. Cit. 80, 341; 99, 213; 12is, 388. § 2801. Appraisement and award, how made. A major- ity of the board of commissioners mentioned in the preced- ing section constitute a quorum, and the concurrence of a majority in making the estimate and award is binding upon the road owner if approved by the board of supervisors. The commissioners must make their report within thirty days after their appointment, and if approved, the tender of the amount of the appraisement and award must be made by the county treasurer; whether the owner conveys the road to the county or not, the report and tender ope- rate as a conveyance to the county of the road and all iis incidents and appurtenances. En. March 12, 1872. ARTICLE II. USE OF TOLL ROADS, AND OBSTRUCTIONS THEREON. § 2814. Persons exempt from tolls. § 2815. Encroachments, how removed. § 2816. Who liable for penalty, and what. § 2817. Action for penalty or trespass. § 2814. Persons exempt from tolls. The following per- sons, and none other, are exempt from payment of toll on wagon, turnpike, or plank roads: 1. Persons going to or from any funeral, and all funeral processions. 2. Troops in actual service of the state or of the United States, and persons going to or from a military training which by law they are required to attend. 3. Persons going to or from the courthouse in obedience to a subpoena in a criminal action. 4. Persons living within one mile of any gate by the most usually traveled road may pass it at one-half toll, when not engaged in the transportation of others or the property of others. 671 TOLL ROADS. §§ 2815-2817 5. Farmers living on their farms within one mile of any gate by the most usually traveled road, may pass free when going to or from their worlt on such farms. 6. School children attending school within three miles of their parents' or boarding house. 7. The road overseer of the road district through which road passes, or the commissioners of highways for the pur- pose of inspecting the condition of the road. En. March 12, 1872. Am'd. 1880, 4. Person not exempt evading payment of tolls, fine against: Pen. Code, se^. 389. § 2815. Encroachments, how removed. On application by an officer of the company, the commissioner of high- wavs. or road overseer of the district where the same exists, may inquire into any encroachment upon the lands of the companv used for the purposes of the road, caused by fence, building, or otherwise, and he must, if he finds it does exist, require or cause its removal as provided for highway encroachments in article VIII, chapter II, of this title. En. March 12, 1872. Cal. Rep. Cit. 99, 213. Obstructions and injuries to highways: Ante, sees. 2731- 2744. Penalty for failure to remove encroachment: Post, sec. 2816. § 2816. Who liable for penalty, and what. Every person who, having the control thereof, neglects to remove an encroachment after being notified thereof, or permits the same to remain after notice, unless he immediately com- mences and diligently prosecutes its removal to comple- tion, is liable to a penalty of five dollars for every day of such neglect or failure. Eti. March 12, 1872. 5 2817. Action for penalty or trespass. An action for the penalties given by this chapter, and for any trespass on or injui-y to such road, may be maintained in the county where the act was done, or in that where the defendant resides, by the company. En. March 12, 1872. Injuk-ies to toll-houses or turnpike gates constitute mis- demeanor: Pen. Code, sec. 589. §§ 2827-2830 TOLL ROADS. «72 ARTICLE III. INSPECTION AND REPAIRS. § 2S27. Inspection of roads, and repairs. § 2S2S. Closing gates, and penalty. § 2S29. Defects in road, to be reported to whonn. § 2S30. Enforcing obedience to notice and requirement. § 2S31. Fees of commissioner or overseer. § 2S32. Pack trails in mountain districts. § 2827. Inspection of roads, and repairs. Every com- missioner of highways, or road overseer of the district, to whom complaint in writing is made that any part of a wagon, turnpike, or plank toll road in his county or dis- irict, or any part of such road, the gate nearest to which is in his county or district, is out of repair, must examine it without delay and give notice of the defect, particularly describing the same, to the person attending the gate near- est thereto; if the necessary repair is not made, or defect remedied, within three days after such notice is given, the commissioner or road overseer may order such gate to be thrown open. En. March 12, 1872. Cal. Rep. Cit. 99, 213. § 2828. Closing gates, and penalty. A gate so ordered to be thrown open must not be shut nor any toll collected thereat until the commissioner of highways or road over- seer ordering it shut grants a certificate that the road is la sufficient repair, and that the gate ought to be closed. The company and their gatekeeper or other employee, vio- lating or permitting the violation of this section, or the order made under the preceding section, are each liable in a penalty of twenty-five dollars for each offense, to be recovered by the party aggrieved. En. March 12, 1872. § 2829. Defects in road, to be reported to whom. Every commissioner of highways or road overseer who discovers a defect in any toll road in his county or district, or a gate placed- in a situation contrary to law, must give written notice thereof to one or more of the directors or managing agents of the company, requiring the defective road to be repaired, or the gate to be removed, within a specified lime; and may order that in the meantime such gates as lie specifies be thrown open. En. March 12, 1872. § 2830. Enforcing obedience to notice and requirement. If the notice and requirements are not obeyed, the com- 673 TOLL ROADS. §§ 2831. 2832 missioner of highways or road overseer must make imme- diate complaint to the district attorney of the county, who must prosecute the company therefor in the name of- the people for so suffering the road to be out of repair, or of having placed any gate in a situation contrary to the law; and if convicted thereof, the company must be fined not exceeding two hundred and fiftj dollars. En. March 12, 1872. § 2831. Fees of commissioner or overseer. The com- missioner of highways or road overseer complaining to the district attorney, or who makes inspection and discovers defects in the road, is entitled to three dollars for each day's service in inspecting the road, or necessarily ex- pended in prosecuting the action therefor, to be paid in case of conviction as costs. "When no action is had, but repairs are made, or gate removed, on the inspection and requirement of the commissioner of highways or road overseer, the toll gatherer nearest the road so out of re- pair, or the gate to be moved, must pay the fees hereinbe- fore specified out of the tolls collected ; if he refuse to pay the same, the same may be recovered by action, with costs. En. March 12, 1872. § 2832. Pack trails in mountain districts. The boards of supervisors of the several counties of this state are hereby authorized to permit the toll-road companies here- tofore or which may hereafter be organized under the pro- visions of this code, for the purpose of constructing toll roads within the mountain districts of this state, to first construct on the line of their proposed toll road a pack trail for the accommodation of pack trains and horsemen and to collect tolls thereon. The board of supervisors shall fix the amount of license to be paid and tolls to be collected on such pack trail, and that no such permit or franchise shall be granted for a longer period than two years. En. Stats. 1873-4, 131. Pol. Code— 43 §§ 2843-2843 PUBLIC FERRIES AND TOLL BRIDGES. 874 CHAPTER IV. PUBLIC FERRIES AND TOLL BRIDGES. Article I. General Provisions, §§ 2843-2858. II. Toll Bridges, §§ 2870-2881. III. Toll Ferries, §§ 2892-2895. ARTICLE I. GENERAL PROVISIONS. § 2843. "What board to grant authority to construct. I 2844. Notice must be proved. § 2845. Duty of board of supervisors granting authority. § 2846. License tax and rate of tolls, how fixed. § 2S47. Report of bridge or ferry owner or keeper. § 2S48. Inquiry of the board of supervisors fixing tolls. § 2S49. When to direct license to issue. § 2850. Bond, conditions and execution. I 2851. When bridge unites two counties. § 2S52. Supervisors shall not act if interested. § 2853. Toll bridge or ferry within one mile of another, when. § 2854. Owner of land preferred to build bridge or ferry. § 2855. How lands are acquired for use of bridge or ferry. § 2856. Must post rates of toll. § 2857. Revenue derived from license, how disposed of. § 2858. To keep banks in repair. § 2843. What board to grant authority to construct. When authority to construct a toll bridge, or to erect and keep a ferry over water dividing two counties is desired, application must oe made to the board of supervisors of that county situate on the left bank descending such bay, river, creek, slough, or arm of the sea. En. March 12, 1872. Cal. Rep. Cit. 132, 169; 134, 622; 136, 49. Maintaining toll bridge or ferry without authority is mis- demeanor: Pen. Code, sec. 386. Power of supervisors to license ferries: See post, sec. 4046, subd. 17. § 2844. Notice must be proved. The board of supervi- .sors must not grant authority to construct or erect a toll bridge or ferry until the notice of such intended applica- tion has been given as respectively required in articles II and III of this chapter. En. March 12, 1872. § 2845. Duty of board of supervisors granting authority. The board of supervisors granting authority to construct a toll bridge or to keep a public ferry, must at the same (Ime: 675 PUBLIC FERRIES AND TOLL. BRIDGES. §§ 2846, 2847 1. Fix the amount of a penal bond to be given by the person or corporation owning or talking tolls on the bridge or ferry for the benefit of the county, and all persons cross- ing or desiring to cross the same, and provide for the an- nual renewal thereof. 2. Fix the amount oi license tax to be paid by the per- son or corporation for taking tolls thereon, not less than three nor over one hundred dollars per month, payable an- nually. 3. Fix the rate of tolls which may be collected for cross- ing the bridge or ferry, which must not raise annually an income exceeding fifteen per cent on the actual cost of the construction or erection and maintenance of the bridge or ferry for the first year, nor on the fair cash value, together with the repairs and maintainance thereof for any succeed- ing year. 4. Make all neces.sary orders relative to the construc- tion, erection, and business of licensed toll-bridges or fer- ries which they have by law the power to make. The board of supervisors may, at any time they see fit, author- ize and maintain fords across any water within any dis- tance of any licensed toll-bridge or ferry. En. March 12, 1872. § 2846. License tax and rate of tolls, how fixed. The license tax and rate of toll fixed as provided in the pre- ceding section must not be increased or diminshed during the terra of twenty years, at any time, unless it is shown to the satisfaction of the board of supervisors that fhe re- ceipts from tolls in any one year is disproportionate to the cost of construction or erection, or the fair cash value thereof, together with the cost of all necessary repairs and maintenance of the bridge or ferry. The license tax fixed by the board of supervisors must not exceed ten per cent of the tolls annually collected. En. March 12, 1872. § 2847. Report of bridge or ferry owner or keeper. Every owner or keeper of a toll bridge or ferry must report annually to the board of supervisors from which his license is obtained, under oath, the following facts: 1. The actual cost of the construction or erection, and equipment of the toll bridge or ferry. - 2. The repairs made during the preceding year, and the actual cost thereof. §§ 2848-2850 PUBLIC FERRIES AND TOLL BRIDGES. 678 3. The expense of labor and hire of agents, and other costs necessarily incurred in and about the conduct of their business. 4. The amount of tolls collected; and 5. The estimated actual cash value of the bridge or fer- ry, exclusive of the franchise. En. March 12, 1872. § 2848. Inquiry of the board of supervisors fixing tolls. Whenever the board of supervisors are about to fix the license tax and rate of tolls on a bridge or ferry they must make inquiry into the present actual cash value and the cost of all necessary repairs and maintenance thereof, and for that purpose may examine, under oath, the owner or keeper of the same, and other witnesses, and the assessed value of the bridge or ferry on the assessment roll of the county. When the estimate of the board is made, if the same is not agreed to by the owner or keeper of the bridge or ferry, the same must be fixed by three commis- sioners, one to' be appointed by the board of supervisors, one by the owner and keeper, and the third by the county judge, who must hear testimony and fix such value and cost according to the facts, and report the same to the board of supervisors under oath. In all estimates of the fair cash value of the bridge or ferry the value of the franchise must not be taken into consideration. En. March 12, 1872. § 2849. When to direct license to issue. When the cost of construction or erection and equipment of the bridge or ferry, or the fair cash value thereof, together with the cost of needed repairs and the conduct and maintenance of the same, is ascertained and fixed for the preceding year, the board must, on such ascertained amount, fix the annual license tax rate of tolls, and the amount of the penal bond, and direct a license to be issued by the clerk. En. March 12, 1872. Licenses generally: See post, sees. 3356 et seq. § 2850. Bond, conditions and execution. The bond re- quired of the owner or keeper of the toll bridge or ferry must be in the sum fixed by the board of supervisors, with one or more sureties, and conditioned that the toll bridge or ferry will be kept in good repair and condition, and that the keeper will faithfully comply with the laws of the state and all legal orders of the board of supervisors regu- 677 PUBLIC FERRIES AND TOLL BRIDGES. §§ 2851-:!K53 lating the same, and pay all damages recovered against him by any person injured or damaged by reason of delay at or defect in such bridge or ferry, or in any manner re- sulting from a non-compliance with the laws or lawful or- ders regulating the same. The bond must be approved by the president and filed with the clerk of the board of su- pervisors. En. March 12, 1872. Violating conditions of undertaking to keep ferry, is mis- demeanor: Pen. Code, sec. 387. § 2851. When bridge unites two counties. The license tax for a ferry or bridge connecting two counties must be paid to the treasurer of the county granting it, and the license issued by the auditor thereof; but the treasurer of such county must pay to the treasury of the county in which the other end or landing of the bridge or ferry is located one-half the sum so received annually, or the auditor may issue the license on filing with him receipts for their respective halves of the tax taken from the treas- urer of each of the two counties. En. March 12, 1872. Delinquent bridge or ferry license tax, proceedings to collect instituted after thirty days: See Stats. 1872, p. 539. § 2852. Supervisors shall not act if interested. When a supervisor is interested in an application to erect, con- struct, or take tolls, or alter tolls on a bridge or ferry, he shall not act in any of such matters. En. March 12, 1872. Am'd. 1880, 23. § 2853. Toll bridge or ferry within one mile of another, when. No toll bridge or ferry must be established within one mile immediately above or below a regularly estab- lished ferry or toll bridge, unless the situation of a town or village, th : crossing of a public highway, or the inter- section of some creek or ravine renders it necessary for public convenience. In addition to the public notice here- inafter 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 proprietor of the ferry or toll bridge already established at least ten days prior thereto, giving the time and place and grounds of such applica- tion. En. March 12, 1872. Cal. Rep. Cit. 114, 496; 134, 58. §§ 2854-2858 PUBLIC FERRIES AND TOLL BRIDGES. 678 § 2854. Owner of land preferred to build bridge or ferry. The owner of land on either side of the waters to be crossed, and the owner of the land on the left bank descending over the owner of land on the right bank, is entitled to ])reference in procuring authority to construct a bridge or ferry; but where such owner fails or neglects to apply for such authority within a reasonable time after the ne- cessity therefor arises, the board of supervisors may grant such authority to another. En. March 12, 1872. § 2855. How lands are acquired for use of bridge or ferry. When there are lands necessary for the construc- tion, erection, or use of such bridge or ferry which cannot be procured by agreement between the owner or corpora- tion and the land owner, the right of way and all other lands necessary for the use and construction or erection thereof may be acquired by condemnation. En. March 12, 1872. Condemnation, eminent domain: Ante, sec. 44. § 2856. Must post rates of toll. Every licensed toll bridge or ferry must Lave the rates of toll as fixed by the board of supervisors, printed or written, posted up in some conspicuous place on or near the bridge or ferry. En. March 12, 1872. § 2857. Revenue derived from license, how disposed of. The proceeds of the license tax on ferries and toll bridges must be paid into the county treasury for the use of roads and highways, or may be used by the board of supervisors at any time in the purchase of toll roads and toll bridges. En. March 12, 1872. § 2858. To keep banks in repair. All ferry and toll bridge keepers must keep the banks of the streams or waters at the landings of their ferries or bridges graded and in good order for the passage of vehicles. For every day compliance herewith is neglected twenty-five dollars is forfeited, to be collected for the use of the road fund of the county. En. March 12, 1872. 679 PUBLIC FERRIES AND TOLL BRIDGES. §§ 2870-2872 ARTICLE II. TOLL BRIDGES. § 2870. Application for leave to construct. § 2871. Hearing application. § 2872. Action of the board of supervisors. § 2873. What the board of supervisors may require. § 2874. Use of highways. § 2S7.5. How constructed over navigable waters. § 2S76. Supervisors may regulate. § 2877. Channel of streams navigable by rafts to be kept clear. § 2S78. Completion of bridge, rate of toll, and license tax. § 2879. Persons exempt. § 2880. Penalty for avoiding tolls. § 2881. County may purchase toll bridge. § 2870. Application for leave to construct. Every ap- plicant for authority to construct a toll bridge must pub- lish a notice in at least one newpaper in each county in which the bridge or any part of it is to be, or if no paper is published therein, in an adjoining county, once in each week for six successive weeks, specifying the location, the length, and breadth of the bridge, and the time at which the application hereinafter required will be made. After notice is given, application must be made to the board of supervisors of the proper county, at any meeting specified in the notice, for authority to construct it. En. March 12, 1872. § 2871. Hearing application. On the hearing, any per- son may appear and be heard. The board may take testi- mony or authorize it to be taken by any judicial oflBcer of the county; and it may adjourn the hearing from time to time. A copy of the articles of incorporation, certified by the secretary of state, or by the clerks where they are filed, must be attached to and filed with the application if made by a corporation. En. March 12, 1872. Articles of incorporation: Civ. Code, sees. 289, 290 et seq. § 2872. Action of the board of supervisors. If the board are of opinion that the public interests will be promoted thereby, it may, by the assent of a majority of all the members of the board, grant the application by an order entered in its minutes, and particularly describing the bridge. The applicant must cause a certified copy of the order, with a copy of the application, to be recorded in §§ 2873-2877 PUBLIC FERRIES AND TOLL BRIDGES. 680 the office of the clerk of the county before proceeding un- der it; provided, that the board of supervisors shall not have power to license bridges across the Sacramento or San Joaquin rivers, the Suisun Bay, or Carquinez Straits, the Petaluma, Napa, or Sonoma creeks, except at points above the head of navigation on said streams. En. March 12, 1872. Am'd. 1877-8, 52. Cal. Rep. Cit. 123, 180. § 2873. What the board of supervisors may require. The board of supervisors may, at the time of granting au- thority to construct a toll bridge, by order, require the bridge to be constructed within a certain time, to be of a certain width, character, or description, and to be con- structed of certain materials, which order must be com- plied with by the owner or corporation constructing the same before license to take tolls is used. En. March 12, 1872. § 2874. Use of highways. The corporation or bridge owner may use, in such manner as prescribed by the board, so much of any public road on either side of the stream or waters as may be necessary for constructing and main- taining the bridge and toll houses. En. March 12, 1872. Cal. Rep. Cit. 123, 181. § 2875. How constructed over navigable waters. All bridges constructed under this chapter crossing navigable streams must be so constructed as not to obstruct naviga- tion, and must have a draw or swing of sufficient space or span to permit the safe, convenient, and expeditious passage at all times of any steamer, vessel, or raft which may navigate the stream or water bridged. En. March 12, 1872. Cal. Rep. Cit. 79, 348. § 2876. Supervisors may regulate. The board of super- visors may, by order, regulate and govern the amount of weight and number of animals that may be driven on to a toll bridge at any one time, and prescribe rules for the government of the draws or swings and attendance of the same, and prescribe penalties for disobedience of such rules. En. March 12, 1872. § 2877. Channel of streams navigable by rafts to be kept clear. Any one bridging a stream navigated or navigable 681 PUBLIC FERRIES AND TOLL, BRIDGES. §§ 2878-2881 must at all times keep the channel above and below the bridge clear from all deposits occasioned by its erection and prejudicial to such navigation, and is liable to pay to all persons unreasonably hindered or delayed in passing such bridge with rafts or vessels all damages sustained thereby. En. March 12, 1872. § 2878. Completion of bridge, rate of toll, and license tax. Every bridge erected under these provisions must have good and substantial railings or sidings, at least four and a half feet high. When a bridge is completed, and a certificate that it is so, and is safe and convenient for the public use, is signed by the commissioner of highways, or president of the board of supervisors, and filed in the county clerk's oflice in the county or counties in which it is located, the directors or owner may erect a toll gate at such bridge and require such tolls as the boards of su- pervisors of the county or counties from time to time pre- scribe. A license therefor must be issued by the auditor of the county on giving the necessary bond and paying the license tax fixed therefor. En. March 12, 1872. § 2879. Persons exempt. Any person going to or from a funeral, school, performing highway labor, or attending a military parade, or court which by law he is required to attend as a witness in a criminal case, is exempt from the payment of tolls. En. March 12, 1872. Person not exempt, evading toll, fine against: Pen. Code, sec. 389. § 2880. Penalty for avoiding tolls. Any person liable to pay toll forcibly or fraudulently passing the gate of a toll bridge without paying the toll is liable to a penalty of ten dollars in addition to the damages caused, to be re- covered by the owner. En. March 12, 1872. Passing gate of toll bridge and evading payment, fine for: Pen. Code, sec. 389. § 2881. County may purchase toll bridge. Within the same time, in like manner, and to the same effect as toll roads are purchased under the provisions of sections 2802 and 2803, the county or counties, jointly acting, in which the same is situated, may purchase a toll bridge con- structed under the provisions of this chapter. En. March 12, 1872, §§ 2892-2894 PUBLIC FERRIES AND TOLL BRIDGES. tSi ARTICLE III. TOLL FERRIES. § 2892. Application for leave to erect; notice. § 2893. Duty of the board of supervisors. § 2894. Powers of the board of supervisors. § 2S95. Penalties, how disposed of. § 2892. Application for leave to erect; notice. EJvery 'applicant for authority to erect and take tolls on a public ferry must publish a notice in at least one newspaper in each county in which the ferry is or touches, or if there is no newspaper published therein, then in one published in an adjoining county, and by posting three notices In three public places in the township for four successive weeks, specifying the location and the time and place wh«n and where the application will be made. After notice is given application must be made in writing, under oath, to the board of supervisors of the proper county, the landings of the proposed ferry must be described, and the names of the owners thereof given, if known; and if the applicant is not the owner of the land, that notice of the application has been served on the owner thereof at least ten days prior to the application. En. March 12, 1872. § 2893. Duty of the board of supervisors. At the hear- ing, proof of giving the notice, as required by the pre- ceding section, must be made, and any person may appear and contest the application. If the board finds that the ferry is either a public necessity or convenience, and that the applicant is a suitable person, and by reason of owner- ship of the landing or failure of the owner thereof to ap- ply is entitled thereto, authority to erect and take tolls on the ferry may be granted to him for the term of twenty years. En. March 12, 1872. Cal. Rep. Cit. 134, 625. § 2894. Powers of the board of supervisors. The board of supervisors may make all needful rules and regulations for the government of ferries and ferry keepers, prescrib- ing: 1. How many boats must be kept, their character, and how propelled; 2. The number of hands, boatmen, or ferrymen to be employed, and rules for their government; 683 WHARVES, CHUTES, AND PIERS. §§ 2895-2907 3. How many trips to be made daily; 4. When and under what circumstances to make trips in the night-time; 5. Who may be ferried free of toll; 6. In what cases of danger or peril not to cross; 7. Penalties for violation of regulations; 8. In case of steamboats, the rate of speed; 9. The method oi and preference in loading and cross- ing; and 10. How and by whom action must be brought to re- cover penalties. En. March 12, 1872. § 2895. Penalties, how disposed of. Penalties recov- ered under this article must be paid to the county treas- urer for the use of the general road fund of the county. En. March 12, 1872. CHAPTER V. WHARVES, CHUTES, AND PIERS. § 21)06. Board of supervisors to authorize construction. § "907. Application, what to contain and how made. § 2908. Petition relative U< lands not owned by applicant. § 2909. Notice served on non-residents. § 2910. Board to hear proof, and may grant authority. § 2911. Overflowed or ti3e lands granted. § 2912. One hundred and fifty feet on each side of wharf, etc. § 2913. How to obtain use of lands. § 2914. Dimensions of wharves, etc. § 2915. Franchise, what constitutes. § 2916. Board of supervisors to fix rate of tolls, etc. § 2917. License, and the tax for. § 2918. To keep in good reiiair. § 2919. Restrictions on granting authority. § 2920. Cities and towns exempted and authorized. § 2921. Granting railroad right to construct. § 2906. Board of supervisors to authorize construction. The boards of supervisors of every county in this state may grant authority to any person or corporation to con- struct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of the sea, situate in or bounding their counties respectively, with a license to take tolls for the use of the same for the term of twenty years. En. March 12, 1872. § 2907. Application, what to contain and how made. Application therefor must be made by publishing notice as required in section 2892, and filing a petition in writing, containing: §§ 2908-2910 WHARVES, CHUTES, AND PIERS. 684 1. The name and residence of the applicant; and if a corporation a certified copy of the articles of incorpora- tion ; 2. A map of the waters, and the name and location thereof, and of the adjoining lands; 3. A plan of the wharf, chute, or pier proposed to be constructed, and of the land within three hundred feet thereof; 4. The names of the owners of the lands, and the quan- tity thereof sought to be used, and whether the right to use the same is or is to be acquired by the applicant; 5. The distance it is proposed to extend the wharf, chute, or pier into the waters; 6. The estimated cost of the construction of the wharf, chute, or pier, and, 7. The time when the application will be made. En. March 12, 1872. § 2908. Petition relative to lands not owned by appli- cant. When any lands are sought to be appropriated and used for a wharf, chute, or pier, of which the applicant is not the owner, or the right of way and use thereof has not been obtained by agreement, these facts and the par- ticular description of such land must be set forth in the petition of the applicant, and a copy of the notice of ap- plication must be served on the owner thereof by the sheriff of the county, whose official return is conclusive evidence of service, at least ten days prior to the appointed day set for the hearing of the same. En. March 12, 1872. § 2909. Notice served on non-residents. When the owner of the land is a non-resident of the county, it is serv- ice of notice for the sheriff to leave a copy with the occu- pant or agent of the owner; if none, then to place a copy in the post-oflBce addressed to the owner, thirty days prior to the day set for the hearing. If the owner is a minor, insane, idiot, or decedent, notice must be served on the guardian, administrator or other legal representative of such person. En. March 12, 1872, § 2910. Board to hear proof, and may grant authority. On the day named in the notice, or to which the hearing is adjourned, the board of supervisors must hear proof of publication and service of notice; if satisfactory, the 685 WHARVES, CHUTES, AID PIERS. §§ 2yil-2»13 board must hear the allegations of the petition and any objections to the granting of the application and proofs in support of each. If from the proofs it appear that the public good or convenience will be promoted thereby, the board of supervisors may grant to the applicant the right to erect or construct a w^harf, chute, or pier, as prayed for, and to take tolls "for the use of the same for the term of twenty years. En. March 12, 1872. § 2911. Overflowed or tide lands granted. The grant of authority made by the board of supervisors, as provided in the preceding sections, conveys to the grantee or appli- cant the right of way and all necessary use for the purposes of the wharf, chute, or pier, of any of the overflowed, sub- merged, or tide lands belonging to the state, particularly describing the quantity thereof in the order, as also the right of way over any swamp, overflowed, marsh, or tide lands lying between the wharf, chute, or pier and high or dry land, fifty feet in width, for twenty years. En. March 12, 1872. Overflowed or tide lands of state: Post, sees. 3440 et seq. § 2912. One hundred and fifty feet on each side of wharf, etc. The grant of authority herein provided for carries with it the right to have unincumbered and unobstructed the land and water on each side of the wharf, chute, or pier, from high water mark to navigable water, a distance of one hundred and fifty feet, for the convenience of land- ing, loading, and unloading vessels, but for no other pur- pose. En. March 12, 1872. § 2913. How to obtain use of lands. Authority to con- struct a wharf, chute, or pier, being granted, the grantee or applicant may procure from the owner the right of way and other necessary incidental use for the wharf, chute, or pier, of any of his lands, by proceedings had under title VII, part III, of the Code of Civil Procedure. Until such use of the lands held adversely is obtained by agreement, or by the proceedings hereinbefore mentioned, there is no authority to construct a wharf, chute or pier, or to take tolls thereon. En. March 12, 1872. Cal. Rep. Git. 57, 204. Eminent domain: Ante, sec. 44. See Code Civ. Proc, sec. 1237. §§ 2914-2917 WHARVES, CHUTES, AND PIERS. 686 § 2914. Dimensions of wharves, etc. The wharf, chute, or pier must not be of a greater width than seventy-five (75) feet, and may extend to navigable water; provided, that a wharf constructed upon any of the navigable rivers. straits, sloughs, and inlets in this state may extend along the shores for a distance not exceeding one housand feet, but in no case shall any wharf, chute, or pier extend into the water so far as to obstruct the free navigation of the water on which the same is situated; provided, this act shall not applv to the water-fronts of incorporated cities and towns. En. March 12, 1872. Am'd. 1880, 66. § 2915. Francitise, what constitutes. The orders grant- ing authority, and agreements, contracts, deeds, and de- crees of courts granting the right of way and other use of lands, must be file " and recorded in the office of the recorder of the county where the wharf, chute, or pier is situate, and constitutes the franchise of the applicant. The fees of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, must be paid by the applicant. En. March 12, 1872. § 2916. Board of supervisors to fix rate of toils, etc. The board of supervisors must fix the rate of tolls or wharf- age for the use of the wharf, chute, or pier, annually, which must not produce an income of less than fifteen per cent per annum, nor more than twenty-five per cent per annum on the fair cash value of the wharf, chute, or pier, and on the cost of repair and maintenance thereof, exclu- sive of the amount paid for license imposed by the next section; such value and cost of repair and maintenance to be fixed by the board of supervisors when levying the rates of tolls or wharfage, by hearing evidence and examining the assessment rolls of the county. When fixed, the rates must be furnished the owner, and a printed or written copy thereof conspicuously posted on the wharf, chute, or pier. En. March 12, 1872. Am'd. 1875-6, 52. § 2917. License, and the tax for. When the wharf, chute, or pier is completed, and the tolls or wharfage fixed, the owner is entitled to a license to take the tolls thereon for the term of one year, to be issued by the county audi- tor on the payment of such license tax as the board of su- pervisors may fix, which, except that for the first year, must not be more than ten per cent of the gross receipts 687 WHARVES, CHUTES, AND PIERS, §§ 2918-2921 for tollg or wharfage for the previous year, to be paid to the county treasury for general road purposes. En. March 12, 1872. § 2918. To keep in good repair. Any owner or keeper of a wharf, chute, or pier, who takes toll or wharfage for the use of the same when not in good repair, or is unsafe or dangerous, forfeits the sum of twenty-five dollars, to be recovered by order of the board of supervisors granting authority to construct it, for the use of the general road fund of the county, and is liable for all damages occasioned thereby. En. March 12, 1872. § 2919. Restrictions on granting authority. No author- ity must be granted under this chapter to interfere with vested rights, nor to interfere with or infringe grants here- tofore made by state authority; nor does authority to con- struct a wharf, chute, or pier, continue for a longer period than two years, unless the same is within that time com- pleted. En. March 12, 1872. Cal. Rep. Cit. 67, 545; 146, 397. § 2920. Cities and towns exempted and authorized. The lands of the state situate in the city and county of San Francisco, and those otherwise disposed of or situate within the limits of any incorporated town or city of this state, are excluded from the provisions of this chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant authority to construct wharves, chutes, and piers, as is herein provided, for the board of supervisors. En. March 12, 1872. Cal. Rep. Cit. 60, 347. § 2921. Granting railroad right to construct. Boards of ■supervisors of counties in this state may grant to any railroad corporation authority to construct a wharf, or pier on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, creek, slough, or arm of the sea situate in or bounding their counties, respectively, with a license to take tolls for the use of the same for the term of the corporate existence of the said railroad corporations, not exceeding fifty years whenever such board finds the use of said wharf or pier necessary to the exercise of the franchise of such railroad corporation for terminal purposes and the same may be granted without offering the same §§ 2931, 2932 PROVISIONS RELATING TO PUBLIC WAYS. 68« for sale. Nothing contained in this chapter shall be con- strued to limit the powers of such boards to grant the right to such railroad corporations to build and construct for torminal purposes on and in front of any lands owned by it any wharf or pier of the width necessary for the carry- ing on of the business of such railroad at such terminal, not to exceed one thousand (1,000) feet, and to the length that it may be desirable to construct the same, so that it may not prevent the navigation by boats and vessels of such navigable bay, inlet, lake, creek, slough or arm of che sea; provided, that there shall be excluded from the operation of this section any and all territory and property under the jurisdiction or control of an incorporated city or town or any board of state harbor commissioners. All of the provisions of this chapter not in conflict with any- thing in this section contained are hereby made applicable to all proceedings had under this section. En. Stats. 1899, 234. CHAPTER VI. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC WAYS § 2931. Laws of the highway. § 2932. Driver addicted to intoxication. § 2933. Notice to employer of 'Jriver's intoxication. § 2934. Horses to be fastened while standing. § 2935. Penalties, how and by whom recovered. § 2936. Liability of owners for damages done by drivers. § 2937. Exceptions to preceding sections. § 2938. Protection of bridges. § 2931. Laws of the highway. When vehicles meet, the drivers of each must turn seasonably to the right of the center of the highway, so as to pass without interference, under a penalty of twenty-five dollars for every neglect, to be recovered by the party injured. Where the whole breadth of a roadway is not worked, the center of the worked part is to be deemed the center of the highway. In time of snow, where there is a beaten track, the center of that is to be deemed the center of the highway. But this section does not apply to vehicles meeting cars run- ning on rails or grooved tracks. En. March 12, 1872. Cal. Rep. Cit. 134, 164. § 2932. Driver addicted to intoxication. No person must employ to drive any vehicle for the conveyance of pas- 689 PROVISIONS RELATING TO PUBLIC WAYS. §§ 2933-2937 sengers upon any public highway, a person addicted to drunkenness, under penalty of five dollars for every day such person is in his employment. En. March 12, 1872. Intoxication of railway driver, conductor, etc., or tele- graph operator, is misdemeanor: Pen. Code, sec. 391. § 2933. Notice to employer of driver's intoxication. If any driver, whilst actually employed in driving any such vehicle, is intoxicated to such a degree as to endanger the safety of his passengers, the owner, on receiving frorh any such passenger a written notice of the fact, verified by his oath, must forthwith discharge such driver; and if he has such driver in his service within six months after such notice, he incurs a like penalty. En. March 12, 1872. Intoxication of certain employees: See Pen. Code, sec. 391. § 2934. Horses to be fastened while standing. The driver of any vehicle used to convey passengers must not leave the horses attached thereto while passengers remain in the same, without first securely fastening the horses or placing the lines in the hands of some other person, so as to prevent their running, under a penalty of twenty dollars for each offense. En. March 12, 1872. § 2935. Penalties, how and by whom recovered. The penalties provided by the three preceding sections are to be recovered by the district attorney of the county in which the offender resides, for the use of the county road fund. Any action for a penalty incurred under the last section must be commenced within six months. En. March 12, 1872. § 2936. Liability of owners for damages done by drivers. The owner of every vehicle running or traveling upon any road for the conveyance of passengers, is liable for all damages to persons or property done by any person in his employment as a driver while driving such vehicle, whether done willfully or negligently, or otherwise, in the same manner as such driver would be liable. En. March 12, 1872. Carriers of persons: Civ. Code, sees. 2096 et seq. Common carriers: Civ. Code, sees. 2186 et seq. § 2937. Exceptions to preceding sections. Nothing con- tained in the six preceding sections must affect any law Pol. Code— 44 § 2938 IMMIGRATION. 890 concerning hackney coaches or carriages in any city, nor affect laws or ordinances of any city for the licensing or regulating such coaches or carriages. En. March 12, 1872. § 2938. Protection of bridges. The owner of any toll bridge, and any plank road company owning a bridge of not less than twenty feet span, may put up conspicuously at each end of it notice in these words in large characters: "Five dollars' fine for riding or driving on this bridge faster than a walk"; and whoever rides or drives faster than a walk on such bridge forfeits to the owner the sum of five dollars. En. March 12, 1872. Fast driving or riding on toll bridges, fine for: Pen. Code, sec. 388. TITLE VII. GENERAL POLICE OF THE STATE. Chapter I. Immigration, §§ 2949-2969. II. Preservation of the Public Health, §§ 2978-3064. III. Registry of Births, Marriages and Deaths, §§ 3074-3084. IV. Dissection, §§ 3093-3095. V. Cemeteries and Sepulture, §§ 3105-3111. VI. Lost and Unclaimed Property, §§ 3136-3157. VII. Marks and Brands, §§ 3167-3201. VIII. Weights and Measures, §§ 3209-3223. IX. Labor and Materials on Public Buildings, §§ 3233-3235. X. Hours of Labor, §§ 3244-3250. XI. Time, §§ 3255-3260. XII. Money of Account, §§ 3272-3274. XIII. Auctions, §§ 3284-3324. XIV. Fires and Firemen, §§ 3335-3345. XV. Licenses, §§ 3356-3387. CHAPTER I. IMMIGRATION. § 294fl. Duties of masters of vessels arriving In California. § 29.')0. Form of report 9 2951. Oath to be administered to certain passengers. 9 2952. I>ep(TR, lazarettos for. 9 2953. Additional bond in certain cases. (Repealed.) 691 IMMIGRATION. . §§ 2949, 2950 § 2954. Natiire of bond. § 2955. Lepers, examination and disposition of. § 29u6. Action on bond. § 2957. Penalty for neglect to give bond. § 295S. Commutation fund, where placed. § 2959. Fines and penalties, lien on vessel. § 2960. Other commutations. § 2961. Commutation money to be paid into state treasury. § 2962. Certain vessels exempted. I 2963. Certain persons exempted. § 2964. Powers and duties of commissioners of iinmigratlon. § 2965. Same and fees. § 2966. Ex-officio commissioners. § 2967. Duties of district attorneys. (Repealed.) § 296S. Bond of commissioner. § 2969. Disposition of funds. § 2949. Duties of masters of vessels arriving in Cali- fornia. "Within twenty-four hours after the arrival of any vessel arriving at any of the ports of this state, bringing passengers from any place out of this state, the master of such vessel must make on oath to the commissioner of immigration at such port a written report. En. March 12, 1872. Cal. Rep. Cit. 76, 122; 79, 89. Chinese immigration to be discouraged: Const, Cal. 1879, art. XIX, sec. 4. Importing foreign convicts is misdemeanor: Pen. Code, sec. 173. Separate prosecution for each person landed: Sec. 175. Landing Chinese without permit, punishment for: Pen. Code, sec. 174. Separate prosecution for each person landed: Sec. 175. § 2950. Form of report. The report must state: 1. The name, place of birth, last residence, age, and occupation of all such passengers who are not citizens, or who shall have, within the last preceding twelve months, arrived from any country out of the United States, and who have not been examined, bonded, or paid commutation money, as provided in this chapiter, or have been landed from any such vessel at any place during her last voyage, or who have gone on board of any vessel with the intention of coming into this state, or who may have died during the last voyage of such vessel; and, 2. Whether any of the passengers so reported are lu- natic, idiotic, deaf, dumb, blind, crippled, infirm, or are lepers or persons affected with any of the diseases known as leprosy or elephantiasis. §§ 2951-2954 IMMIGRATION. 692 3. The names and residences of the owners of such vessels. En. March 12, 1872. Am'd. 1873-4, 38; 1875-6, 53. Subd. 2. Lepers, disposition of: See post, sec. 2952. § 2951. Oath to be administered lo certain passengers. The master or commander of the vessel must administer to any passenger of foreign birth, who declares himself a citizen of the United States, the following oath: "I , do solemnly swear (or affirm) that I was born in ; that I am a naturalized citizen of the United States; that I was naturalized and received my certificate of naturalization in the state of , in the year ." En. March 12, 1872. § 2952. Lepers, lazarettos for. It shall not be lawful for lepers or persons affected with leprosy or elephantiasis to live in ordinary intercourse with the population of this state; but all such persons shall be compelled to inhabit such lazarettos or lepers' quarters as may be assigned to them by the board of supervisors of the city or county in which they shall be domiciled or settled, and the board of supervisors are vested with power and are required to make all necessary provisions for the separation, detention, and care of lepers or persons affected with leprosy or elephantiasis, settled or domiciled in their respective cities or counties. The superintendent or manager of all lepers' quarters under this chapter shall forward quarterly state- ments, showing the name, age, sex, and birthplace of each leper in such quarter, to the secretary of state, who shall keep a proper record of such matters for the information of tue public. En. March 12, 1872. Rep. 1873-4, 39. En. Stats. 1873-4, 39. Am'd. 1875-6, 53. § 2953. Additional bond in certain cases. (Repealed.) En. March 12, 1872. Rep. 1873-4, 39. § 2954. Nature of bond. The bond required by the next preceding section, must be a separate bond for each pas- senger, and the same sureties must not be upon more than one bond. Each bond must be secured by two or more sufficient sureties, residents of the state, each of whom must prove, before the commissioner of immigration, by oath or otherwise, indorsed in writing on such bond, that he is a freeholder and resident of the state, and is worth double the amount of the penalty of the bond in real estate, 693 IMMIGRATION § 2955 over and above all his debts and liabilities. The bond may, at the option of the party, be secured by mortgage on real estate, or by the pledge and transfer of United States bonds, or controller's warrants of this state in any amount sufficient to secure the same. En. March 12, 1872. Am'd. 1873-4, 41. § 2955. Lepers, examination and disposition of. The commissioner of immigration must satisfy himself whether or not any person who shall arrive in this state, by vessel from any foreign port or place, is a leper, or affected with the disease known as leprosy or elephantiasis, before such person shall mingle with the population of the state. For the purpose of ascertaining said fact the commissioner is vested with the power and authority to detain all such per- sons on board any such vessel so arriving, and to assign the vessel to a berth or anchorage separate and apart from other vessels, and at a safe and suitable distance from the shore, if in his judgment it shall be necessary, until such fact can be fully ascertained by him. Such fact shall be ascertained by personal inspection and examination of each and every person on board such vessel; and the com- missioner of immigration is authorized, empowered, and re- quired to make such personal inspection and examination of all persons so arriving by any such vessel, the same to be made at such berth or anchorage as he shall, in his dis- cretion, assign to such vessel for that purpose, and shall be made before the landing of any person thereupon. All of such persons who, upon inspection and examination, are found to be lepers, or affected with the disease known as leprosy or elephantiasis, shall be taken in charge by the commissioner of immigration, and placed in a suitable laz- aretto, or lepers' quarter, to be provided or designated by the board of supervisors, whenever necessary for that pur- pose, as hereinbefore prescribed, and there detained and properly cared for, separate and apart from the general population of this state, so long as they, the said lepers, shall elect to remain in the state of California, or until they shall have recovered from said disease, and no long- er. All of such persons as shall be found to be free from said disease shall be allowed to depart and go at their will, without unnecessary detention or delay, and shall be entitled to receive a certificate of the fact of their freedom from said disease from said commissioner. For his serv- ices in making such examination and inspection the com- missioner of immigration shall demand and collect from § 2955 IMMIGRATION. 894 the master, owner, or consignee of such vessel the sum of seventy cents in U. S. gold or silver coin, for each and every person so examined or inspected, which sum, except four thousand dollars a year and expenses of oflBce, shall, when required for such purpose, be paid by the commis- sioner into the said treasury, to be used in the mainte- nance, when necessary, of such lazarettos or lepers' quar- ters as shall be constructed under this law. Any master, owner, or consignee of any vessel arriving at any port of this state who shall fail or refuse to perform, or permit the performance of, any of the acts or things required by this chapter, or to take and occupy with his vessel the berth or anchorage assigned for the same by the commis- sioner, pending the examination and inspection herein provided for, or who shall permit or allow any person ar- riving in such vessel to depart therefrom, and to commu- nicate, mingle, or associate with the population of this state or any part thereof, until after such examination and inspection by the commissioner is had, shall, for every such act or omission, forfeit to the commissioner of im- migration the sum of one thousand dollars in U. S. gold coin, to be sued for and recovered by suit in any court of competent jurisdiction, and to be applied in lilve manner with the fees. And any master, owner, or consignee of any such A'essel so arriving, who shall refuse or neglect to pay or cause to be paid to said commissioner the fee of seventy cents for the examination and inspection of each and every person so arriving in such vessel, shall forfeit to said commissioner, for each case, the sum of five hun- dred dollars in U. S. gold coin, to be recovered and applied as above. And the commissioner shall have a lien upon the vessel, and the same shall be sold to pay any judgment recovered under this act. The commissioner shall have the power to call in the aid of the sheriff and all police authorities to assist in enforcing this law. And he may appoint one or more deputies under him, who shall be in- vested with all the powers of the commissioner and may discharge his official duties when required by him. The commissioner of immigration must prepare and transmit to the secretary of state quarterly statements, certified un- der his hand and seal, showing the name, age, sex, birth- place, and present residence of every leper, or person af- fected with leprosy or elephantiasis, examined or inspected by him, as well as any other information or fact touching the character and prevalence of said disease within his 695 IMMIGRATION. §§ 2956-2959 knowledge. En. March 12, 1872. Rep. 1873-4, 41. En. Stats. 1875-6, 54. Am'd. 1875-6, 54. Cal. Rep. Cit. 65, 563; 70, 214; 76, 122; 76, 123. Fees of commissioner: See post, sec. 2969. § 2956. Action on bond. If any person for whom a bond has been given under this chapter, within the time speci- fied in such bond, becomes chargeable upon any city, town, or county of this state, an action may be brought upon such bond in the name of the people of this state, by the district attorney of the county. The plaintiff in the action is en- titled to recover upon such bond, from time to time, so much money, not in the whole exceeding the penalty of such bond, exclusive of costs, as may be sufficient to defray the e"xpense incurred by any such city, town, or county, for the maintenance and support of the person for whom the bond may have been given. The amount of such recovery may be collected from the sale of the real estate or other security mortgaged, pledged, or deposited there- for, in conformity with this chapter. En. M It shall have sanitary control of all public buildings or places owned, leased or controlled by the state, and no officer or person having charge of the erection of any pub- lic building owned or controlled by the state shall proceed with the construction thereof until the state board of health shall, in writing, have approved the plans and specifications therefor, in so far as the same may, in any way, affect the sanitation ^hereof. It shall cause special investigation of the sources of mor- tality and the effects of localities, employments, conditions and circumstances on the public health, the preparation and sale of drugs and food and the adulteration thereof. They must perform such duties as are or may be required by law for the detection and prevention of the adulteration of articles used for food or drink, and for the punishment of persons guilty of violation of any law providing against such adulteration. It shall examine and have power to prevent the pollution of sources of public domestic water and ice supply. It shall have power to prepare or purchase and distribute at cost anti-toxins, vaccine and other approved serums and lymphs. It shall maintain a bureau of vital statistics under the supervision of its executive officer, where shall be collected and recorded all births, marriages and deaths, burials and cremations within the state. These statistics together with 700a PRESERVATION OF PUBLIC HEALTH. § 2979 the number of cases of communicable diseases, and such further comparative statistics and information as may be deemed of vahie to scientists, the medical profession, the general public and aid in the maintenance of good health conditions may be published by the board in such manner and at such times as it may deem proper. It shall have, power to prescribe and enforce regulations for the embalming, cremation, burial, disinterment and transportation of the dead. It shall have power to prescribe the form of certificates of birth and death, and of permits for burial, disinterment, cremation and transportation of the dead, and provide measures for their observance. It shall have power to abate public nuisances. It may advise all local health authorities, and, when in its judg- ment the public health is menaced it shall control and reg- ulate their action. It shall have general power of inspection, examination, quarantine and disinfection within the state, provided, that this act shall in no wise conflict with the enforcement of the national quarantine laws. It shall have power to commence and maintain all proper ahd necessary actions and proceedings for the enforcemeu* of its regulations and for the protection and preservation of the public health and to defend all actions and proceed- ings involving its powers and duties and in all such aclions or proceedings it shall sue and be sued under the name o[ the state board of health. It shall have power to adopt and enforce rules and reg- ulations for the execution of its duties under this section. It shall at each biennial session of the legislature make a report with such c3'-iggesfions as to legislative action as it deems proper. En. March 12, 1872. Am'd. 1905, 398. Willful violation of health laws, punishment for: Pen. Code, sec. 377. Failing to perform duty required under laws for preser- vation of health, it willful, is misdemeanor: Pen. Code, sec. 378. Acts relating to state board of health: See General Laws, title Public Health. Act to regulate quarantine: See General Laws, title Quarantine. Act to provide for state analyst: See post. Appendix, title State Analyst. §§ 2979a-2982 PRESERVATION OF PUBLIC HEALTH. 700D § 2979a. Same in case of plague or other infectious disease. It is the duty of every local board of health, and of each of the members thereof, and of every coroner and other public officer knowing, or having reason to believe, that any case of Asiatic cholera or of bubonic plague or any other contagious or infectious disease exists or has recent- ly existed within the city, city and county, town, township or county of which he is an officer, or of which such local board of health is an official body, to take such measures as may be necessary to prevent the spread of such disease and to at once report such case to the state board of health, which may thereupon take such measures as it may deem necessary to ascertain whether such case of cholera or plague, or any other contagious or infectious disease, ex- ists, or has so existed, and to prevent the further spread of such contagion, and to that end such state board may, if it deems proper, take possession and control of the body of any living, or the corpse of any deceased, person which is or has been afflicted with either of sucn diseases, and may direct and take such means as it may deem expedient to arrest the further spread of such disease or diseases. En. Stats. 1901, 99. § 2980. To report as to the effect of intoxicating liquors. The board must examine into and report what, in their best, judgment, is the effect of the use of intoxicating liquor as a beverage upon the industry, prosperity, happi- ness, health, and lives of the citizens of the state; also, what legislation, if any, is necessary in the premises. En. March 12, 1872. § 2981. IVleetings, and election of officers. The board must meet at the capital of the state, at least once in every three months. They must elect from their own number a president and a permanent secretary; the latter must re- side at the capital, and is their executive officer. No member, except the secretary, receives any compensation; but the actual traveling expenses of the members, while engaged in the duties of the board, are allowed, and paid out of the general fund. En. March 12, 1872. § 2982. Duties of secretary. Salary of secretary. The secretary of the state board of health shall receive an an- n\ial salary of $3000.00 and necessary expenses incurred In the performance of his duties. He shall enforce all or- ders and regulations of the state board of health, and shall 701 PRESERVATION OP PUBLIC HEALTH. §§ 2983-2993 vigilantly observe sanitary conditions throughout the state, and take all necessary precautions to protect it in its sanitary relations with other states and countries. He shall keep an accurate record of the proceeding's of the state board of health and of his own acts, and shall file a written report of the same at each regular meeting. En. March 12, 1872. Am'd. 1905, 399. § 2983. Expenses of, limited. (Repealed.) March 12, 1872. Rep. 1905, 399. § 2984. Local boards of health to enforce rules of state board and to make monthly reports. It shall be the duty of the board of health of each municipality and incorporat- ed town within this state, and of every chief executive Iiealth officer thereof, where there is no municipal or town board of health, to enforce within such municipality and incorporated town all orders, rules and regulations con- cerning health and quarantine prescribed or directed by the state board of health; and it shall be the duty of such board of health, or chief executive health officer to report In writing to the state board of health on or before the fifth day of each month all infectious, contagious and com- municable diseases in man or beast which shall come to their or his knowledge, upon blanks furnished by the state board of health. Said board of health, or chief executive health officer, where there is no board of health, in cases Df local epidemic of disease shall report to the state board of health all facts concerning the disease and the meas- ures taken to prevent or abate its spread, infection or contagion. Said board of health, or chief executive health officer where there is no board of health, shall report to the state board of health all violations of the state health laws, and of the laws relating to the registration of mar- riages, births, and deaths, which shall come to their or his knowledge. En. Stats. 1905, 84. ARTICLE II. VACCINE AGENT. § 2993. Agent to obtain genuine vaccine matter. § 2994. Compensation and duty of. § 2993. Agent to obtain genuine vaccine matter. The vaccine agent must obtain a supply of the genuine vaccine §§ 2994-3004 PRESERVATION OF PUBLIC HEALTH. 702 matter, and preserve '.he same for the use and benefit of the citizens of this state. En. March 12, 1872. Act to encourage general vaccination: See General Laws, title Public Health. § 2994. Compensation and duty of. Such agent must furnish genuine vaccine matter, approved by the state board of health, to any regular practicing physician in good standing in his profession in this state. He may charge and receive for every parcel of vaccine matter furnished the sum of five dollars, which is in full com- pensation for his services and expenses. En. March 12, 1872. ARTICLE in. HEALTH AND QUARANTINE REGULATIONS FOR THE CITY AND HARBOR OF SAN FRANCISCO. § 3004. Quarantine groun-ds, location of. § SOl'S. Board of health of San Francisco. § 3006. Mayor ex-ofHcio president. Time of meeting. § 3ST AND UNCLAIMED PROPERTY. Article I. Lost Money and Goods, §§ 3136-3142. II. Unclaimed Property, §§ 3152-3157. ARTICLE I. LOST MONEY AND GOODS. § 3136. Duty of persons finding lost money, etc. § 3137. Appraisers, appointment and duty of. § 313S. List of appraisers. Finder to advertise. § 3139. Proceedings, if no owner appear within six months. § 3140. Finder to restore property. Owner may sue. I 3141. Finder, failing to make discovery, penalty. § 3142. Proof, how made. § 3136. Duty of persons finding lost money, etc. If any person find any money, goods, things in action, or other personal property, or shall save any domestic animal from drowning of from starvation, when such property shall be of the value of ten dollars or more, he must inform the owner thereof, if known, and make restitution without compensation, further than a reasonable charge for sav- ing and taking care thereof; but if the owner is not known to the party saving or finding such property, he must, within five days, make an aflBdavit before some justice of the peace of the county, stating when and where he found or saved such property, particularly de- scribing it; and if the property was saved, particularly stating from what and how he saved the same, stating therein whether the owner of the property is known to him, and that he has not secreted, withheld, or disposed of any part of such property. En. March 12, 1872. Am'd. 1873-4, 42. Finder, rights, duties and liabilities of: See Civ. Code, sees. 1864-1872. Wrecks and wrecked property: Ante, sees, 2403-2418. Lost property, larceny of: See Pen. Code, sec. 485. § 3137. Appraisers, appointment and duty of. The jus- tice must then summon three disinterested householders to appraise the same. The appraisers, or any two of them, must make two lists of the valuation and description of such property, and sign and make oath to the same, §§ 313S-3142 LOST AND UNCLiAIMED PROPERTY. 1A and deliver one of the lists to the finder, and the other to the justice of the peace. En. March 12, 1872. § 3138. List of appraisers. Finder to advertise. The justice must file such list, and the finder must transmit a copy of the same to the recorder of the county, who must record the same in a book known as the "Estray and Lost Property Book," within fifteen days, and the finder must at once set up at the courthouse door and four other public places in the township or city a copy of such valuation and description of property. En. March 12, 1872. § 3139. Proceedings, if no owner appear within six months. If no owner appears and proves the property within six months, and the value thereof does not exceed twenty dollars, the same vests in the finder; but if the value exceed twenty dollars, the finder must, within thirty days after setting up the list mentioned in the pre- ceding section, cause a copy of the description to be in- serted in some newspaper printed in the county, if there be one, and if not, in some newspaper printed in the state, for three weeks; and if no owner prove the property with- in one year after such publication it vests in the finder. En. March 12. 1872. § 3140. Finder to restore property. Owner may sue. If, within one year, an owner appears and proves the prop- erty and pays all reasonable charges, including fees of officers, the finder must restore the same to him. On failure to make restoration of such property, or the ap- praised value thereof, on being tendered such charges and fees, the owner may recover the same or the value thereof by civil action in any court having judisdiction. En. March 12, 1872. § 3141. Finder, failing to make discovery, penalty. If any person find any money, property, or other valuable thing, and fail to make discovery of the same as required by this article, he forfeits to the owner double the value thereof. En. March 12, 1872. Failing to make discovery is larceny: Pen. Code, sec. 485. § 3142. Proof, how made. The proof required by this article must be made before the clerk with whom the list 727 LOST AND UNCLAIMED PROPERTY. §S 3152, 3:53 provided for herein is filed, and if he is satisfied therefrom that the person claiming to be is the owner, he must cer tify that fact under his hand and the seal of the county court. En. March 12, 1872. ARTICLE II. UNCLAIMED PROPERTY. § 3152. Carriers, commission merchants, etc., may retain goods until charges paid. § 3153. Property unclaime'J within sixty days, sale of. § 3154. Proceeds unclaimed, where to go. § 3155. Carrier's responsibilitiy ceases, when. § 3156. Property upon which advances are made may be sold. § 3157. Fees of officers. § 3152. Carriers, commission merchants, etc., may re- tain goods until charges paid. When any goods, merchan- dise, or other property has been received by any railroad or express company, or other common carrier, commission merchants, innkeepers or warehousemen, for transporta- tion or safe keeping, and are not delivered to the owner, consignee, or other authorized person, the carrier, com- mission merchant, innkeeper, or warehouseman, may hold or store the same with some responsible person until the freight and all just and reasonable charges are paid. En. March 12, 1872. Cal. Rep. Cit. 94, 178. Carrier, delivery and storage by: Civ. Code, sees. 2118- 2121. Relief from liability: Civ. Code, sees, 2131, 2132. Lien for freightage: Civ. Code, sec. 2144. §. 3153. Property unclaimed within sixty days, sale of. If no person calls for the property within sixty days from the receipt thereof, and pays freight and charges thereon, the carrier, commission merchant, innkeeper, or warehouseman may sell such property, or so much thereof as will pay freight and charges, to the highest bidder at public auction, having first caused such notice of sale to be given as is customary in sales of goods by auction at the place where said goods may be held or stored. If any surplus is left, after paying freight, storage, expenses of sale, and other reasonable charges, the same must be paid over to the owner of such property, upon demand M §§ 3154-3157 MARKS AND BRANDS. TOi being made therefor at any time within sixty days after the sale. En. March 12, 1872. Am'd. 1903, 88. § 3154. Proceeds unclaimed, where to go. If the owner or his agent fails to demand such surplus within sixty days of the time of such sale, then it must be paid into the county treasury, subject to the order of the owner. En. March 12, 1872. § 3155. Carrier's responsibility ceases, when. After the storage of goods, merchandise, or property, as herein pro- vided, the responsibility of the carrier ceases, nor is the person with whom the same is stored liable for any loss or damage on account thereof, unless the same results from his negligence or want of proper care. En. March 12, 1872. § 3156. Property upon which advances are made may be sold. When any commission merchant or warehouseman receives on consignment produce, merchandise, or other property, and makes advances thereon, either to the owner or tor freight and charges, he may, if the same is not paid to him within sixty days from the date of such advances, cause the produce, merchandise, or property on which the a-dvances were ma-de, to be advertised and sold as provided herein. En. March 12, 1872. § 3157. Fees of officers. The fees of officers under this chapter are the same allowed for similar services in other cases provided in this code, to be paid by the taker up or finder, and recovered of the owner. En. March 12, 1872. Cal. Rep. Cit. 94, 178. CHAPTER VII. MARKS AND BRANDS. Article I. Marks and Brands, §§ 3167-3172. II. Rpgulations Relating to Marks and Brands, §§ 3182-3185. III. Trade Marks, §§ 3196-3201. ARTICLE I. MARKS AND BRANDS. § 31C7. Owners of horses, cattle, etc., to keep a mark, etc. § 3U;8. To record brands. Fees. § :!lfi!». Recorders' duties respecting recorded marks, etc. § :'.170. Marks and luands not lawful unless recorded. § 3171. Certain maiks not allowed. 5 3172. Branding animals, 'at what age. 729 MARKS AND BRANDS. 5§ 3167-3170 § 3167. Owners of horses, cattle, etc., to keep a mark, etc. Owners of horses, mules, cattle, sheep, goats, or hogs running at large, must have a mark, brand, and counter- brand different from any one in use by any other person, so far as may be known. En. March 12, 1872. Cal. Rep. Cit. 141, 685. Altering brands is state prison offense: Pen. Code, sec. 357. Marks and brands in Siskiyou County, act concerning, continued in force by code: See ante, 19, subd. 11. § 3168. To record brands. Fees. Every owner must record with the recorder of the county his mark, brand, and counterbrand by delivering to the recorder his mark, cut upon a piece of leather, and his brand and counter- brand burnt upon it, which shall be kept in the recorder's office. A certified copy thereof made by the recorder, with the seal of his office attached thereto, is evidence on the trial of any action in a court of competent juris- diction as to the ownership of all animals legally marked or branded. The recorder must enter in a book to be kept by him for that purpose a copy of the marks, brands, and counterbrands; but he must first be satisfied that such brau'd and counterbrand tendered to him for record is un- like any other mark, brand, or counterbrand in the county, and, as far as his knowledge extends, is different from any otner in the state. For recording the mark, brand, and counterbrand the recorder is entitled to demand and re- ceive one 'dollar. En. March 12, 1872. Cal. Rep. Cit. 141, 685. § 3169. Recorders' duties respecting recorded marks, etc. Every recorder in this state must transmit to the recorders of the adjoining counties a transcript of all the marks, brands, and counterbrands recorded in his office, to be filed by such recorders in their offices, and reference thereto must be made in every case of application for the record of marks and brands. En, March 12, 1872. Cal. Rep. Cit. 141, 685. § 3170. Marks and brands not lawful unless recorded. ISio mark, brand, or counterbrand is lawful unless recorded aei provided in this article, nor shall any person use more than one mark or brand, unless he is the owner of more than one ranch or farm. En. March 12, 1872. Cal. Rep. Cit. 141, 685. §§ 3171-3183 MARKS AND BRANDS. 730 § 3171. Certain marks not allowed. No person must Uoe a mark by cutting off the ear or by cutting the ear Oil both sides to a point. En. March 12, 1872. Cal. Rep. Cit. 141, 685; 145, 112. § 3172. Branding animals, at what age. Every person a.ust mark or brand his horses and mules before they aj-e eight months old, and cattle before they are twelve months old, on the hip or hinder part, and mark or brand his sheep, goats, and hogs, before they are six months old. On the trial of any action to recover the possession of any fiflimal which is marked or branded, the mark or brand is prima facie evidence that the animal belongs to the c«vner of the mark or brand. When a dispute occurs la regard to a mark or brand, the person first recording tne same is entitled thereto. En. March 12, 1872. Am'd. 1873-4, 43. Cal. Rep. Cit. 141, 685. Prima facie evidence defined: Code Civ. Proc, sec. 1833. ARTICLE II. REGULATIONS RELATING TO MARKS AND BRANDS. § 3182. Regulations for selling cattle, etc. § 3183. Penalty for using more than one, or an unrecorded branvi. § 3184. Fraudulently mismarking stock. § 31S5. Hides of slaughtered cattle to be kept. § 3182. Regulations for selling cattle, etc. Persons sell- ing cattle, horses, mules, jacks, or jennies, must counter- brand them on the shoulders, or give a written descriptive bill of sale. En. March 12, 1872. § 3183. Penalty for using more than one, or an unre- corded brand. Any person who uses any mark, brand, or counterbrand other than the one recorded by him, oxcept by the consent of the owner of such other mark, orand, or counterbrand, or uses more than one mark, brand, yjT counterbrand, otherwise than is provided in articles I, or suffers his ward, child, apprentice, or servant to use any other than his own mark, brand, or counterbrand, on those of the stock they run with, forfeits to any person suing therefor the stock so marked or branded with any other (han the proper mark or brand recorded by him. This section does not extend to any stock which may descend to any ward, child, apprentice, or servant by the gift or devise of any person other than the guardian, parent, or master, of such ward, child, apprentice, or servant; but the marks, brands and counterbrands of such minors. 731 MARKS AND BRANDS. SS 8184-8HW apprentices, or servants, must be recorded as other marks, brands, and counterbrands. En. March 12, 1872. § 3184. Fraudulently mismarking stock. If any person has knowledge of any person, who, with the intent to de- fraud or willingly mismarks or misbrands any stock not his own, or kills any stock running at large having a proper owner, the person having such knowledge must, within ten days thereafter, give information thereof to some jus- tice of the peace of the proper county. En. March 12, 1872. Altering brands: Pen. Code, sec. 357. § 3185. Hides of slaughtered cattle to be kept. All per- sons slaughtering cattle must keep the hides with the ears attached for fifteen days; and all persons having such hides in their possession must exhibit the same for ex- amination on demand being made by any person. En. March 12, 1872. Cal. Rep. Cit. 73, 408; 73, 410. ARTICLE III. TRADE MARKS. § 3W6, § 3197, '§ 31itS § 3199 § 31''iO § 3201 "Trade marks" defined. Exclusive use of trade mark, how secured. Record of trade marks. Assignments. Injunctions. Use of by labor union. Infringement of trade mark used by trade union. § 3196. "Trade marks" defined. The phrase "trade mark" as used in this chapter includes every description of word, letter, device, emblem, stamp, imprint, brand, printed ticket, label, or wrapper usually affixed by any mechanic, manufacturer, druggist, merchant, or trades- man, to denote any goods to be goods imported, manu- factured, produced, compounded or sold by him, other than any name, word, or expression generally denoting any goods to be of some particular class or description, and also any name or names, marks or devices, branded, stamped, engraved, etched, blown, or otherwise attached or produced upon any cask, keg, bottle, vessel, siphon, can, case, or other package, used by any mechanic, manufac- turer, druggist, merchant or tradesman, to hold, contain olr inclose the goods so imported, manufactured, produced, compounded or sold by him, other than any name, word §§ 3197-3200 MARKS AND BRANDS. Ti2 or expression generally denoting any goods to be of some particular class or description. En. March 12, 1872. Am'd. 1903, 80. Cal. Rep. Cit. 63, 446. § 3197. Exclusive use of trade mark, how secured. Any person may record any trade mark or name by filing with the Secretary of State his claim to the same, and a copy or description of such trade mark or name, with his affidavit attached thereto, certified to by any officer au- thorized to take acknowledgments of conveyances, setting forth that he (or the firm or corporation of which he is a member) is the exclusive owner, or agent of the owner, of such trade mark or name. En. March 12, 1872. Am'd. 1885, 94. Cal. Rep. Cit. 66, 78; 102, 44. § 3198. Record of trade marks. The secretary of state must keep for public examination a record of all trade marks, or names filed in his office, with the date when filed and name of claimant; and must at the time of filing collect from such claimant a fee of three dollars in gold coin, to be paid into the state library fund. En. March 12, 1872. § 3199. Assignments. Injunctions. Any person who has first adopted and used a trade mark or name, whether within or beyond the limits of this state, is its original owner. Such ownership may be transferred in the same manner as personal property and is entitled to the same protection by suits at law; and any court of competent jurisdiction may restrain, by injunction, any use of trade marks, or names in violation of this chapter. En. March 12, 1872. Am'd. 1885, 94. Cal. Rep. Cit. 66, 78; 102, 44. § 3200. Use of by labor union. Any trade union, labor association, or labor organization, organized and existing in this state, whether incorporated or not, may adopt and use a trade mark and affix the same to any goods made, produced or manufactured by the members of such trade union; labor association, or labor organization, or to the box. cask, case, or package containing such goods, and may record such trade mark by filing or causing to be filed with the Secretary of State its claim to the same, 733 WEIGHTS AND MEASURES. 5§ 3201, 3a)a and a copy or description of such trade mark, with the affidavit of the president of such trade union, labor asso- ciation, or labor organization, certified to by any officer authorized to take acknowledgments of conveyances, set- ting forth that the trade union, labor association, or labor •organization of which he is the president is the exclusive owner, or agent of the owner, of such trade mark; and all the provisions of article three, chapter seven, title seven, part three, of the Political Code, are hereby made ap- plicable to such trade mark. En. Stats. 1887, 167. § 3201. Infringement of trade mark used by trade union. The president or other presiding officer of any trade union, labor association, or labor organization, organized and ex- isting in this state, which shall have complied with the provisions of the preceding section, is hereby authorized and empowered to commence and prosecute in his own name any action or proceedings he may deem necessary for the protection of any trade' mark adopted or in use under the provisions of the preceding section, or for the protection or enforcement of any rights or powers which may accrue to such trade union, labor association, or labor organization by the use or adoption of said trade mark. En. Stats. 1887, 168. CHAPTER VIII. VfEIGHTS AND MEASURES. § 3209. The standard of wtig-hts and measures. § 3210. The unit of extension. § 3211. Division of the yard. § 3212. The rod, the mile, and the chain. § 3213. The acre. § 3214. The unit of weights. § 3215. Division of the pound. Jj 321tj. TTnit of liquid measures. § 3217. The barrel, the hogshead. § 3218. ITnit of solid measure. I 3219. Division of the l':alf bushel. § 3220. Division of capacity for commodities. § "221. Heap measure. § 3222. Contracts construed accordingly. § 3223. W^eights of bushels of various products. § 3209. The standard of weiglits and measures. The standard weights and measures now in charge of the Sec- retary of State being the same that were furnished to this state by the government of the United States, and con- §§ 3210-3215 WEIGHTS AND MEASURES. 734 sisting of one standard yard measure; one set of standara weights, comprising one troy pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty- five, and fifty pounds, respectively; one set of standard troy ounce weights, divided decimally from ten ounces to the one ten-thousandths of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty-one cubic Inches, one half-gallon, one quart, one pint, and one half-pint measure; and one standard half bushel, containing one thousand and seventy- five cubic Inches and twenty-one hundredths of a cubic inch, according to the inch hereby adopted as the standard, are the standards of weights and measures throughout the state. En. March 12, 1872. Sealers of weights and measures: Ante, sees. 561-567. False weights and measures: Pen. Code, sees. 552-555. § 3210. The unit of extension. The standard yard is the unit or standard measure of length and surface from which all other measures of extension, whether lineal, superficial, or solid, are derived and ascertained. En. March 12, 1872. § 3211. Division of the yard. The yard Is divided into three equal parts, called feet, and each foot Into twelve equal parts, called Inches; for measures of cloths and other commodities commonly sold by the yard, It may be divided into halves, quarters, eighths, and sixteenths. En. March 12, 1872. § 3212. The rod, the mile, and the chain. The rod, pole, or perch, contains five and a half yards, and the mile one thousand seven hundred and sixty yards; the chain for measuring land is twenty-two yards long, and divided into one hundred equal parts, called links. En. March 12, 1872. § 3213. The acre. The acre for land measure must be measured horizontally, and contains ten square chains, and is equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile. En. March 12, 1872. § 3214. The unit of weights. The standard avoirdupois and troy weights are the units or standards of weight from which all other weights are derived and ascertained. En. March 12. 1872. § 3215. Division of the pound. The avoirdupois pound, which bears to the troy pound the ratio of seven thousand 735 WEIGHTS AND MEASURES^ §§ 3216-3222 to five thousand seven hundred and sixty, is divided into sixteen equal parts, called ounces; the hundredweight consists of one hundred avoirdupois pounds, and twenty hundredweight constitute a ton. The troy ounce is equal to the twelfth part of the troy pound. En. March 12, Ui2. Cal. Rep. Cit. 109, 310; 120, 630. § 3216. Unit of liquid measures. The standard gallon and its parts are the units or standards of measure of ca- pacity for liquids, from which all other measures of liquids are derived and ascertained. En. March 12, 1872. § 3217. The barrel, the hogshead. The barrel is equal to thirty-one and a half gallons, and two barrels constitute a hogshead. En. March 12, 1872. §3218. Unit of sol rd measure. The standard half bushel is the unit or standard measure of capacity for substances other than liquids, from which all other measures of such substances are derived and ascertained. En. March 12, 1872. § 3219. Division of the half bushel. The peck, half peck. Quarter peck, quart, and pint measures for measuring commodities other than liquid are derived from the half bushel by successively dividing that measure by two. En. March 12, 1872. § 3220. Division of capacity for commodities. The measures of capacity for coal, ashes, marl, manure, Indian corn in the ear, fruit and roots of every kind, and for all other commodities commonly sold by heap measure, are the half bushel and its multiples and subdivisions; and the measures used to measure such commodities must be made cylindrical, with plane and even bottom, and must be of the following diameters from outside to outside; the bushel, nineteen and a half inches; half bushel, fifteen and a half inches, and the peck, twelve and a third inches. En. March 12, 1872. § 3221. Heap measure. All commodities sold by heap measure must be duly heaped up in the form of a cone; the outside of the measure, by which the same are meas- ured, to be the limit of the base of the cone, and such cone to be as high as the article will admit. En. March 12, 1872. § 3222. Contracts construed accordingly. Contracts made within this state for work to be done, or for anything §§ 3223-3235 LABOR, ETC., ON PUBLIC BUILDINGS. Tib to be sold or delivered by weight or measure, must be construed according to the foregoing standards. En. March 12, 1872. Cal. Rep. Cit. 120, 630. § 3223. Weights of bushels of various products. When- ever wheat, rye, Indian corn, barley, buckwheat, or oats, are sold by the bushe.', and no special agreement as to the weight or measurement is made by the parties, the bushel consists of sixty pounds of wheat, of fifty-four pounds of rye, of fifty-two pounds of Indian corn, of fifty pounds of barley, of forty pounds of buckwheat, and of thirty-two pounds of oats. En. March 12, 1872. Cal. Rep. Cit. 47, 510. CHAPTER IX. LABOR AND MATERIAL ON PUBLIC BUILDINGS. § 3233. Labor must be done by day's work. § 3234. Material must be furnished by contract. § 3235. Product of Mongolian labor. § 3233. Labor must be done by day's work. All work done upon the public buildings of this state must be done under the supervision of h. superintendent, or state ofiicer or officers having charge of the work, and all labor em- ployed on such buildings, whether skilled or unskilled, must be employed by the day, and no work upon any of such buildings must be done by contract. En. March 12, 1872. Acts relating to public works: See General Laws, title Public "Works. § 3234. iViaterial must be furnished by contract. All materials to be used on any of the public buildings must be furnished by contract, in accordance with the plans and specifications and proposals therefor. En. March 12, 1872. Cal. Rep. Cit. 47, 510. See General Laws, title Public Works. § 3235. Product of Mongolian labor. No supplies of any kind or character, "for the benefit of the state, or to be paid for by any moneys appropriated or to be appropriated by the state," manufactured or grown in this state, which are in whole or in part the product of Mongolian labor, shall be purchased by the officials for the state having the control of any public institution under the control of the 737 HOURS OF LABOR. §§ 3244-3246 state, or of any county, city and county, city, or town thereof. En. Stats. 1887, 171. CHAPTER X. HOURS OF LABOR. § 3l'44. Eight hours a day's work. § 324'."). Same, on public work.s. § 3246. Twelve hours on street cars. ? .^247. Recovery for labor over twelve hours dally. § 3247. Preference in purchase of supplies. § 3248. Form of complaint. § 3240. Provisions applicable to contracts to labor. § .3250. Hours of labor on street cars. Penalty for violation. § 3244. Eight hours a day's work. Eight hours of labor constitutes a day's work, unless it is otherwise expressly stipulated by the parties to a contract, except those con- tracts withii. the provisions of sections three thousand two hundred and forty-six, three thousand two hundred and forty-seven, and three thousand two hundred and forty- eight of this code. En. March 12, 1872. Am'd. 1887, 101. § 3245. Same, on public works. Eight hours' labor con- stitute a legal day's work in all cases where the same is performed under the authority of any law of this state, or under the direction, control, or by the authority of any officer of this state acting in his oiacial capacity, or under the direction, control, or by the authority of any municipal corporation wuthin this state, or of any officer thereof acting as such; and a stipulation to that effect must be made a part of all contracts to which the state or any municipal corporation therein is a party. En. March 12, 1872. Cal. Rep. Cit. 47, f09; 98, 588; 98, 589; 98, 590; 98, 591. Hours of labor: See General Laws, title Hours of La- bor. § 3246. Twelve hours on street cars. Twelve hours' labor constitutes a day's work on the part of drivers and conductors, and gripmen of street cars for the carriage of Passengers. Any contract for a greater number of hours' labor in one day shal. be and is void, at the option of the employee, without regard to the terms of employment, whether the same be by the hbur, day, week, month, or any other period of time, or by or according to the trip or trips that the car may, might, or can make between the termini of the route, or any less distance thereof. Any and every Pol. Code— 47 §§ 3247, 3248 HOURS OF LABOR. 738 person laboring over twelve hours in one day as driver, or conductor, of gripman, on any street railroad, shall re- ceive from his employer thirty cents for each hour's labor over twelve hours in each day. En. Stats. 1887, 101. § 3247. Recovery for labor over twelve hours daily. In actions to recover the value or price of labor under section three thousand two hundred and forty-six of this code, the plaintiff may include in one action his claim for the number of days, and the number of hours' work over twelve hours in each day, performed by him for the de- fendant, and the court shall exclude all evidence of agree- ment to labor over twelve hours in one day for a less price than thirty cents, and the court shall exclude any receipt of payment for hours of labor over twelve hours in one day, unless it be established that at least thirty cents for each hour of labor over twelve hours in one day has been actually paid, and a partial payment shall not be deemed or considered a payment in full. En. Stats. 1887, 102. § 3247. Preference in purchase of supplies. Any person, committee, board, officer, or any other person charged with the purchase, or permitted or authorized to purchase sup- plies, goods, wares, merchandise, manufactures or produce, for the use of the state, or of any of its institutions or officers, or for the use of any county or consolidated city and county, or city, or town, shall always, price, fitness, and quality equal, prefer such supplies, goods, wares, mer- chandise, manufactures or produce as has been grown, manufactured, or produced in this state, and shall next prefer such as have been partially so manufactured, grown, or produced in this state. All state, county, city and county, city or town officers, all boards, commissions, or other persons charged with advertising for any such sup- plies shall state in their advertisement that such prefer- ences will be made. In any such advertisement no bid shall be asked for any article of a specific brand or mark nor any patent apparatus or appliances, when such require- ment would prevent proper competition on the part of dealers in other articles of equal value, utility, or merit. En. Stats. 1897, 208. § 3248. Form of complaint. In actions under section three thousand two hundred and forty-six of this code the complaint may be in the following form: Title of case 739 TIME. 68 3249-3255 and venue. Plaintiff complains of defendant, and for cause of action states: That between (stating first and last dates) he worked for defendant as conductor, driver, or gripman, on defendant's street railroad in (stating place), for (stating number of days), at the agreed rate of (stating price) per day, week, or month, and for such labor defendant has paid plaintiff the sum of (stating sum due), due plaintiff from defendant for said labor. The plaintiff further states that during the said period of time he worked for defendant as such (conductor, driver, or grip- man), on sundry days, and performed (stating number of hours) hours' work in excess of twelve hours in one day, for which there is due plaintiff from defendant the sum of stating the sum due) and costs. Signed . En. Stats. 1887, 102. § 3249. Provisions applicable to contracts to labor. The provisions of sections three thousand two hundred and forty-seven and tnree thousand two hundred and forty- eight of this code are applicable to every contract to labor made by the persons named in section three thousand two hundred and forty-six. En. Stats. 1887, 102. § 3250. Hours of labor on street cars. Penalty for vio- lation. No person shall be employed as conductor, or driver, or gripman, on any street railroad, for more than twelve hours in one day, except as in this act provided, and any corporation, or company, Ox owner, or agent, or superintendent, who knowingly employs any person in such capacity for more than twelve hours in one day, in viola- tion of the terms of this act, shall forfeit the sum of fifty dollars as a penalty for such offense, to the use of the person prosecuting any action therefor, and any number of forfeits may be prosecuted in one action. En. Stats. 1887, 102. CHAPTER XI. TIME. § 3255. Time, how computed. § 3256. Leap year. § Slid?. The year and Its parts. § 32.58. The week. § 3259. The day. § 3260. "Day-time," and "night-time" defined. § 3255. Time, how computed. Time is computed ac- cording to the Gregorian or new style; and the first day of . §§ 3256-3260 MONET OF ACCOUNT. T« January in every year passed since seventeen hundred and fifty-two, or to come, must be reckoned as the first day of the year. En. March 12, 1872. § 3256. Leap year. The several years one thousand nine hundred, two thousand one hundred, two thousand two hundred, two thousand three hundred, or any other future hundredth year, of which the year two thousand is the first, except only every fourth hundredth year, are not leap years, but common years of three hundred and sixty- five days; and the years two thousand, two thousand four hundred, two thousand eight hundred, and every other fourth hundredth year from the year two thousand, inclu- sive, and also every fourth year, except as above men- tioned, which, by usage, in this state is considered a leap year, is a leap year consisting of three hundred and sixty- six days. En. March 12, 1872. § 3257. The year and. its parts. The term "year" means a period of three hundred and sixty-five days; a half year, one hundred and eighty-two days; a quarter of a year, ninety-one days, and the added day of a leap year, and the day immediately preceding, if they occur in any such period, must be reckoned together as one day. En. March 12, 1872. Fiscal year, act providing for change of: See act ap- proved March 26, 1895; Stats. 1895, p. 128. § 3258. The week A week consists of seven consecu- tive days. En. March 12, 1872. Cal. Rep. Cit. 58, 238; 121, 527. § 3259. The day. A day is the period of time between any midnight and the midnight following. En. March 12, 1872. Cal. Rep. Cit. 57, 332; 89, 470; 104, 522. § 3260. "Day-time," and "night-time" defined. "Day- time" is the period of time between "sunrise" and "sun- set," and "night-time" is the period of time between "sun- set" and "sunrise." En. March 12, 1872. CHAPTER XII. MONEY OF ACCOUNT. § 3272. Money of account. § 3273. I.,lmHatlon on preceding section. S 3274. Amount, how stated In judgments, etc. 741 AUCTIONS. §§ 3272-3281 § 3272. Money of account. The money of account of this state is the dollar, cent, and mill. Public accounts and all proceedings in courts must be l^ept and had in con- formity to this regulation. En. March 12, 1872. § 3273. Limitation on preceding section. The provisions of the preceding section do not vitiate or affect any ac- count, charge, or entry originally made, or any note, bond, or other instrument, expressed in any other money of account; but the same must be reduced to dollars, or parts of dollars, in any suit thereupon. En. March 12, 1872. § 3274. Amount, how stated in judgments, etc. In judg- ments and executions the amount thereof must be com- puted and stated as near as may be in dollars and cents, rejecting fractions. En. March 12, 1872. CHAPTE'R XIII. AUCTIONS. Article I. Auctioneers, §§ 3284-3292. II. Regulations Respecting Sales, §§ 3302-3310. III. Frauds and Penalties, §§ 3322-3324. ARTICLE I. AUCTIONEERS. § 32S4. Who may become auctioneers, and how. § 32S.5. The bond, sureties, approval, and filing. § 32SH. Government goods are exempt. § 32S7. Original application, how classified. I 3288. Renewal of license. § 3289. Renewal, for how long; exceeding class by sales. § 3290. Not to transfer license. § 3291. Auctioneers ex-offlcio. § 3292. Assistant, who may act and when. § 3284. Who may become auctioneers, and how. Any citizen of this state may become an auctioneer for the county in which he resides, and i_ authorized to sell real and personal property at public auction, on giving a bond in accordance with the provisions of this article for the faithful performance of his duties, and on the payment of the license therefor. En. March 12, 1872. Auctioneer, authority of: See Civ. Code, sees. 2362, 2363. Illegally acting as, is misdemeanor: Pen. Code, sec 436. Sale by auction: Civ. Code, sees. 1792-1798. Of delin- quent stock; Civ. Code, sees. 341 et seq. Of pledged prop- §§ 3285-3289 AUCTIONS. 14a erty: Civ. Code, sec. 3005. Mock auctions, punishment and forfeiture of license for: Pen. Code, sec. 535. § 3285. The bond, sureties, approval, and filing. The bond must be conditioned to be paid to the people of the state of California, with one or more sureties, in the sum of five thousand dollars, and approved by the judge of the superior court of the county in which the auctioneer pro- poses to do business, and must be filed in the office of the county clerk of the county. En. March 12, 1872. Am'd. 1880, 23. § 3286. Government goods are exempt. No auctioneers' license is required for the selling of any goods at public sale belonging to the United States, or to this state, or for the sale of property by virtue of any process issued by any state or federal court. En. March 12, 1872. § 3287. Original application, how classified. Every original application for auctioneers' license must be accom- panied with a verified statement of the amount of sales proposed to be made monthly, and the license charge must be for the first quarter classified thereby. En. March 12, 1872. Carrying on business without a license is misdemeanor: Pen. Code, sec. 435. Amount of license for various classes of auctioneers; Post, sec. 3376. § 3288. Renewal of license. Every auctioneer applying to the tax collector for a renewal of his license must accompany the application with a stafement, under oath, setting forth that his average receipts per month on ac- count of sales during the preceding quarter did not exceed the amount specified in the class of license for which he applies. The tax collector must provide blank forms of affidavit for that purpose, and administer the oath re- quired to such applicants without charge. En. March 12, 1872. § 3289. Renewal, for how long; exceeding class by sales. After the first quarter licenses may be issued for the class fixed for a term not exceeding one year, at the option of the auctioneer. No auctioneer must exceed the amount of sales of the class in which his license is fixed. For every violation of this section, in addition to the crim- 7*8 AUCTIONS. . §§ 3290-3302 inal penalty, the auctioneer forfeits two hundred and fifty dollars. En. March l2, 1872. Penalties, recovery and disposition of: See post, sec. 3323. § 3290. Not to transfer license. No auctioneer is per- mitted to transfer his license to any other person for any part of the time for which his license is issued; nor is any auctioneer permitted to use his license for the purpose of transacting an auction business in more than one store or specified place of business. En. March 12, 1872. More than one place: See post, sec. 3302. § 3291. Auctioneers ex-officio. In any city or town where there is no auctioneer, the sheriff or a constable thereof is ex-officio auctioneer, and is permitted to sell any property, real or personal, at public auction; and for any delinquency as such ex-officio auctioneer he is liable on his official bond. En. March 12, 1872. § 3292. Assistant, who may act and wlien. Every auc- tioneer, in case of inability to attend an auction by reason of sickness, or the performance of any duty imposed upon him by law, or during a temporary absence from the city or county within which he is auctioneer, may employ a copartner or clerk to hold such auction in his name, and behalf, such employee to take and file with the clerk of the county an affidavu faithfully to perform the duties of auctioneer. But any auctioneer may employ a crier at any sale, for whose acts he shall be responsible. En. March 12, 1872. An.'d. 1873-4, 136. ARTICLE II. REGULATIONS RKSPJECTING SALES. § 3302. Auctioneers to designate places of business. § 3303. To sell at no other place. § 3304. Power of city authorities. § 3305. Book for live stocla. § 3306. Book of sales. § 3307. Advertisement of auction sales In San Francisco. § 3308. Evening sales in San Francisco and Sacramento. § 3309. Cotnmisslons, and penalty of overcharge. § 3310. Quarterly report of sales. § 3302. Auctioneers to designate places of business. No auctioneer in any city of this state must have at one §§ 3303-3307 -AUCTIONS. f44 time more than one rlace for holding auction; and every such aiictioneer. before acting as such, must file with the clerk of the county in which such city is situated a writing signed by him designating such place, and naming therein the partners, if any, engaged with him in business. En. March 12, 1872. § 3303. To sell at no other place. No auctioneer must expose to sale any articles at any other place than that so designated, except goods sold in original packages as imported, househ ild furniture, and such bulky articles as have usually been sold in warehouses, or in the public streets, or on the wharves. En. March 12, 1872. § 3304. Power of city authorities. The commcji council or other corresponding authority of each city may desig- nate such place or places therein for the sale by auction of horses, carriages, and household furniture, as they deem expedient. En. March 12. 1872. § 3305. Book for live stock. Every auctioneer who sells any animal of the horse kind, or any mules, must keep a book, in which he must register the name of each and every person bringing or offering any horse or mule to be sold, and the name of the person purchasing such horse or mule, together with the date of such sale, and a descrip- tion of eaf'h horse or mule sold, together with the marks and brands. The book is a public record, subject to the inspection of any person desiring to inspect the same. En.' March 12, 1872. § 3306. Book of sales. Each auctioneer must keep a book, in which he must enter all sales, showing the name of the owner of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book must at all times be open for the inspection of any person in- terested therein. En. March 12, 1872. 5 3307. Advertisement of auction sales in San Fran- cisco. Every auctioneer in the city of San Francisco must, under his own name, give previous notice in one or more of the publif- newspapers printed in that city of every auction sale made by him; and in case he is connected v/ith any person or firm, his name must in all cases pre- 745 AUCTIONS. §§ 3308-3310 cede, separately and individually, the name of such per- son or the title of the firm. En. March 12, 1872. § 3308. Evening sales in San Francisco and Sacramento. All sales of goods by public auction in the cities of San Francisco and Sacramento must be made in the day-time, between sunrise and sunset, excepting: 1. Books, prints, or paintings; 2. Goods sold in the original package as imported, ac- cording to a printed catalogue, of which samples must have been opened and exposed to public inspection at least one day previous to the sale. En. March 12, 1872. § 3309. Commissions, and penalty of overcharge. No auctioneer must demand or receive a higher compensation for his services than a commission of one per cent on the amount of any sales, public or private, made by him, unless by virtue of a previous agreement in writing between him and the owner or consignee. Every auction- eer who violates this section, in addition to the criminal penalty, forfeits to the party aggrieved two hundred and fifty dollars, and must refund the excess of charge. En. March 12, 1872. § 3310. Quarterly report of sales. Every auctioneer must quarterly make to the county auditor a report, under oath, showing: 1. The aggregate amount of auction sales made by him for the preceding quarter, designating the months and the amount for each month; 2. The days of each month on which auction sales were made, and the character of property sold by him during each month; 3. The amount of all private sales made, and the day on which they were made; 4. A statement of any partner, clerk, or other employee connected with him in his business, and what sales, if any, have been conducted y them, and why; and, . 5. The particular place where his business is conducted. En. March 12, 1872. False report or neglect to make any report, penalty for: Post, sec. 3322. §§ 3322-3335 FIRES AND FIREMEN. 746 ARTICLE III. FRAUDS AND PENALTIES. § 3322. Penalty for not reporting, or reporting falsely. § 3323. Penalties, how recovered, and for what. § 3324'. Action on bend. § 3322. Penalty for not reporting, or reporting falsely. For every false report made, and for every neglect to make the report required in the preceding article, the auctioneer thereby forfeits the sum of two hundred and fifty dollars, to be recovered on his bond. En. March 12, 1872. Penal provisions c.acerning auctions: See Pen. Code, sees. 436, 535. § 3323. Penalties, j.ow recovered, and for what. The penalties imposed by the provisions of this chapter, not otherwise appropriated, must be prosecuted for by the disti'ict attorney of the proper county, the moneys re- covered to be paid to the county treasurer for the use of the general fund of the county. En. March 12, 1872. § 3324. Action on bond. Any one aggrieved or damaged by any act of an auctioneer, in violation of or contrary to the provisions of this chapter, has an action against him and his bondsmen on his official bond therefor. En. March 12, 1872. CHAPTER XIV. FIRES AND FIREMEN. § 3335. Fire companies, how organized. § 3336. To elect officers and adopt by-laws. § 3337. Firemen, what exempt from. § 333S. Exempt certificate, by and to whom issued. § 3339. County clerk may issue exempt certificates, when. § 3340. Seal of department, who to use and keep. § 3341. Record and certilicate of exemption. § 3342. Duties of chief of flre department. § 3343. Chief to attend fires and pieserve property. § "341. S'ittiiig woods on flre. § 3345. Extinguishing fire in woods. § 3335, Fire companies, how organized. Fire companies in incorporated cities and towns are formed and organized under .special laws, or under authority conferred upon the city or town government. Those in incorporated towns and villages are organized by filing, with the recorder of 747 FIRES AND FIREMEN. g§ 3336, 3337 the county in which they are located, a certificate in writing, signed by the foreman or presiding officer and secretary, setting forth the date of the organization, name, officers, and roll of active and honorary members, which certificate and filing must be renewed every six months. I'here shall not be allowed to any such cities, towns, or villages, more than one company for each one thousand inhabitants, but one company shall be allowed in any city, town, or village where the population is less than one thousand. There shall not be allowed to any engine com- pany more than sixty-five certificate members, to any hook anu ladder company more than sixty-five certificate mem- bers, to any hose company more than twenty-five certifi- cate members. En. March 12, 1872. Am'd. 1877-8, 61. Cal. Rep. Cit. 100, 263. Fire department and commissioners in unincorporated towns and villages, act providing for: See post. Appendix, title Fire Department. Yearly vacations to members: See post. Appendix, title fire Department. Premiums by foreign insurance companies for benefit of disabled firemen: bee post, Appendix, title Fire Depart- ment. Pensions for disabled firemen: See post, Appendix, title Fire Department. Exempt firemen's fund and act for, enrollment of exempt firemen: See post, Appendix, title Fire Department. Act relating to increasing efficiency of department in certain cities: See post, Appendix, title Fire Department. j 3336. To elect Oificers and adopt by-laws. Every such Lre company must chose or elect a foreman, who is the presiding officer, and a secretary and treasurer, rid may establish and adopt by-laws and regulations, and impose penalties, not exceeding five dollars or expulsion for each offense. En. March 12, 1872. Cal. Rep. Cit. 100, 263. § 3337. Firemen, what exempt from. The officers and members of unpaid fire companies regularly organized, and exempt firemen, are entitled to the following privileges and exemptions, viz.: Exemption from payment of poll tax, road tax, and head tax of every description; exemption §§ 3338-3340 FIKES AND FIREMEN. 748 from jury duty; exemption from military duty, except in case of war, invasion or insurrection. En. March 12, 1872. Am'd. 1877-8, 62. Cal. Rep. Cit. 123, 499. § 3338. Exempt certificate, by and to whom issued. Every fireman who has served five years in an organized fire company in this state is an "exempt fireman," and must receive from the chief engineer of the department to which he belongs a certificate to that effect. Every active fireman must have a certificate of that fact, signed by the chief of the fire department or the foreman of the company to which he belongs; such certificates must be countersigned by the secretary, and over the seal of the company, if one is jrovided. Either certificate entitles the holder to exemption from military and jury duty. En. March 12, 1872. Cal. Rep. Cit. 123, 499. False certificate of exemption, issuance is misdemeanor: Pen. Code, sec. 649. § 3339. County clerk may issue exempt certificates, when. In lieu of issuing certificates to exempt firemen by the chief of the fire department, as provided in the last section, on the certificate of the foreman and secre- tary of any fire company, or the chief of the department, provision being made therefor in the by-laws of the com- pany, "exempt certificates" may be issued by the clerk of the county, over his official seal and signature, which entitles the holder to like exemption from military and jury duty. En. March 12, 1872. § 3340. Seal of department, who to use and keep. Every fire department regularly organized may adopt a department seal, having upon it the arms of the state and the name of the particular fire department to which it be- longs, which must be under the control of and for the use of the secretary, and be by him affixed to exempt certifi- cates, certificates of active membership, and such other documents as the by-laws may provide. The secretary of every department having a seal must take the constitu- tional oath of office and give such bond as the by-laws pro- vide for the faithful performance of his duties. En. March 12, 1872. 749 FIRES AND FIREMEN. SS 3341-3344 § 3341. Record and certificate of exemption. The sec- retary of the fire department, or fire company, must keep a record of all certificates of exemption or active member- ship, the date thereof, and to whom issued; and when no seal is provided, similar entries of certificates issued to obtain county clerk's certificates. Every such certificate is prima facie evidence of the facts therein stated. En. March 12, 1872. Am'd. 1873-4, 43. Prima facie evidence: See Code Civ. Proc, sec. 1833. § 3342. Duties of chief of fire department. The chief of every fire department must inquire into the cause of every fire occurring in the city or town of which he is the chief, and keep a record thereof; he must aid in the enforcement of all fire ordinances ualy enacted, examine buildings in process of erection, report violations of ordi- nances relating to prevention or extinguishment of fires, and when directed by the proper authorities, institute prosecutions therefor, and perform such other duties as may be by i^roper authority imposed upon him. His com- pensation must be fixed and paid by the city or town authorities. En. March 12, 1872. Cal. Rep. Cit. 100, 263. Extinguishment of fires, disobeying orders for, or ob- structing efforts for, etc., is misdemeanor: Pen Code, sec. 385. Compensation of oflicers in certain cities: See post, Ap- pendix, title Fire Depa tment. § 3343. Chief to attend fires and preserve property. Every chief of a fire department must attend all fires wath his badge of office conspiciously displayed, must prevent injury to, take charge of, ana preserve all property rescued from fires, and return the same to the owner thereof on the payment of the expenses incurred in saving and keeping the same, the amount thereof, when not agreed to, to be fixed by the police or county judge. En. March 12, 1872. Cal. Rep. Cit. 100, 263. Property rescued from fires, punishment for concealing: Pen. Code, sec. 500. Tn voluntary deposit of: Civ. Code, sec. 1815, subd. 2, sec. 1816. § ?344. Setting woods on fire. Every person negligently setting fire to his own woods, or negligently suffering any §§ 3345-3357 LICENSES. 760 fire to extend beyond his own land, is liable in treble damages to the party injured. En. March 12, 1872. Cal. Rep. Cit. 90, 107; 90, 109; 98, 270; 142, 617; '142, G19; 147, 63. Setting woods on fire is misdemeanor: Pen. Code, sec. 384. Setting fire to forests on public lands, punishment for: Stats. 1872, p. 9' § 3345. Extinguishing fire in woods. Whenever the woods are on fire, any justice of the peace, constable, or road overseei of the .ownship or district where the fire exists, may order as many of the inhabitants liable to road poll tax, residing in the vicinity, as may be deemed necessary, to repair to the place of the fire and assist in extinguishing or stopping it. En. March 12, 1872. CHAPTER XV. LICENSES. Article I. General Provisions, §§ 3356-3366. II. Classincatlon and Taxes, §§ 3376-3387. ARTICLE' I. GENERAL PROVISIONS. § 3356. Licenses to be prepared and printed. § 3357.- Auditor to number, sign and deliver. § 3358. Auditor to keep license accounts. § 3359. When license to be procured. § 3360. Suit against delinquent; damages. § 3361. Tax collectors; duties. § 3362. Proof on trials. § 3363. Settlements, when made. § 3364. Fees for licenses. § 3365. No section. § 3366. License tax, upon whom may be Imposed. § 3356. Licenses to be prepared and printed. Each county auditor must prepare and have printed blank licenses of all classes mentioned in this chapter, for terms of three, six, and twelve months, and for such shorter terms as are herein authorized to be issued, with a blank receipt attached for the signature of the tax collector v.hen sold. En. March 12, 1872. Cal. Rep. Cit. 74, 24. § 3357. Auditor to number, sign and deliver. The county auditor niii.st affix his official seal to, number, and sl^ all llceL-es, and from time to time deliver them to 7B1 LICENSES. SS 3S58-336U the tax collector in "iich quantity as may be required, taking his receipt therefor, and charge him therewith, giving in the entry the numbers, classes, and amount thereof. En. March 12, 1872. § 3358. Auditor to keep license accounts. The auditor must keep in his oiflce the stumps of all licenses by him delivered to the tax collector, and a ledger in which he must keep the collector's account for all licenses delivered to him, sold or returned unsold by him. A correct state- ment of the collector's license account must be certified to the country treasurer each month by the auditor. En. March 12, 1872. § 3359. When license to be procured. A license must be procured immediately before the commencement of any business or occupation liable to a license tax from the tax collector of the county where the applicant desires to transact the same, which license authorizes the party obtaining the same 11 his town, city, or particular locality in the county to transact the business described in such license; separate licenses must be obtained for each branch establishment o: separate house of business located in the same county. No license issued under this chapter authorizes any perso^. to carry on any business within the limits of any incorporated city or town having power by its charter to impose or levy city or town license taxes, unless such person, in addition to the license provided by this charter, also procures the license required by the ordinances or orders of such city or town. En. March 12, 1872. Cal. Rep. Cit. 60, 155; 60, 156. Licenses: See General Laws, title Licenses. Liquor license: Post, sec. 3381. § 3360. Suit against delinquent; damages. Against any person required to take out a license who fails, neglects, or refuses to talie out such license, or who carries on or attempts to carry on business without such license, the collector may direct suit in the name of the people of the state of California as plaintiff, to be brought for the re- covery of the license tax; and in such case either the collector or ttorney may make the necessary affidavit for a»d a writ of attachment may issue without any bonds §§ 3361-3363 LICENSES. 762 being given on behalf of the plaintiff; and in case of recovery by the plaintiff, fifteen dollars damages must be added to the judgment and costs to be collected from tne defendant, and when collected five dollars thereof must be paid to the collector, and ten dollars to the attorney prosecuting the suit. En. March 12, 1872. Cal. Rep. Cit. bO, 154; 60, 156; 71, 468; 73, 368; 86, 256; 100, 270; 120, 304. Carrying on business without a license is misdemeanor: Pen. Code, sec. 435. § 3361. Tax collectors; duties. Each tax collector must make diligent inquiry as to all persons in his county liable to pay license as provided in this chapter, and must require each person to state, under oath or affirmation, the probable amount of business which he or the firm of which he is a member, or for which he is an agent or attorney; or the association or corporation of which he is president, secretary, or managing agent, will do in the next succeed- ing three m.onths; and thereupon, such person, agent, president, secretary, or other officer must procure a license from the tax collector for the term desired, and the class for which such party is liable to pay; and in all cases where an underestimate has been made by the party applying, the party making such underestimate, or the company he represented, are required to pay for a license for the next quarter double the sum otherwise required. En. March 12, 1872. Cal. Rep. Cit. 120, 304. 8 3362. Proof on trials. Upon the trial of any action authorized by this chapter, the defendant is deemed not to have procured the proper license unless he either pro- duces it or proves that he did procure it; but he may plead in bar of the action a recovery against him and the payment by him in a civil action of the proper license tax, together with the damages and costs. En. March 12, 1872. Cal. Rep. Cit. 120, 304. § 3363. Settlements, when made. On the first Monday in each month the coPector must return to the auditor all licenses, unsold, and be credited therewith, and must, with the auditor, appear at the treasurer's office and pay into the county treasury, for the use of the county general fund, all moneys collected for licenses sold during the pre- 7S3 LICENSES. §§ 3364-3366 ceding month, take the treasurer's receipt therefor, and file duplicates thereof t ith the auditor. The auditor must credit the collector, and charge the treasurer therewith. En. March 12, 1872. Cal. Rep. Cit. 53, 572, 84, 74; 120, 305. § 3364. Fees for licenses. For each license issued, the collector must collect a fee of one dollar, which must be paid into the salary fund of the county, unless the auditor and collector are paid "oy fees instead of salaries, in which case the dollar must be equally divided between them; provided, that in the county of Sierra the fees so collected shall beloner to the collector. En. March 12, 1872. Am'd. 1873-4, 43; 1873-4, 137. § 3365. [No section of this number.] § 3366. License tax, upon whom may be imposed. Boards of supervisors of the counties of the state, and the legislative bodies of the incorporated cities and towns therein, shall, in the exercise of their police powers, and for the purpose of regulation, as herein provided, and not otherwise, have power to license all and every kind of business not prohibited by law. and transacted and carried on within the limits of their respective jurisdictions, and all shows, exhibitions, and lawful games carried on therein, to fix the rates of license tax upon the same, and to provide for the collection of the same by suit or otherwise; provided, tha* every honorably discharged soldier, sailor, or marine of the United States, who is unable to obtain a livelihood by manual labor, shall have the right to hawk, peddle, and vend any goods, wares or merchandise, except spirituous, malt, vinous or other intoxicating liquor, with- out payment of any license tax or fee whatsoever, whether municipal, county or state, and the board of supervisors ov legislative body shall issue to such soldier, sailor or marine, without cost, a license therefor; provided, how- ever, no license can be collected, or any penalty for the nonpayment thereof enforced against any commercial traveler whose business is limited to the goods, wares, and merchandise sold or dealt in in this state at wholesale. En. Stats. 1901, 635. Cal. Rep. Cit. 134, 146; 134, 149, 134, 150; 137, 588; 137 590; 137, 659; 141, 206; 141, 207; 141, 213; 143, 554-; 143, 555; 143, 557; 143, 559; 143, 560; 143, 566; 143, 572; 143. 573. Pol. Code— 48 § 3376 LICENSES. 754 ARTICLE II. CLASSIFICATION AND TAXKS. § 3376. Classification and license tax. § 3377. Banlters, express companies and carriers. (Repealed.) § 337S. Bridge, ferry, wiiarf, cliute, or pier license. I 3379. Broliers, trust companies, and others. § 33S0. Different kinds of licenses. § 3381. Retail liquor licenses. § 3382. Merchants' license. § 33S3. Exception in using liquors. § 3384. Peddlers' and hawkers' license. I 3385. Animals kept for propagation to be licensed. § 3386. Certain exhibitions, etc., exempted. § 3387. Present incumbents must collect licenses. § 3376. Classification and license tax. Auctioneers are divided into eight classes, and must obtain licei ses from th- tax collector as follows: 1. Those whose average monthly sales amount to one hundred thousand dollars and upwards constitute the first class, and must pay a license of four hundred dollars per quarter; 2. Those whose average monthly sales amount to seventy-five thousand dollars, and less than one hundred thousand dollars, constitute the second class, and must pay a license tax of three hundred dollars per quarter; 3. Those whose average monthly sales amount to fifty thousand dollars, and less than seventy-five thousand dollars, constitute the third class, and must pay a license tax of two hundred dollars per quarter; 4. Those whose average monthly sales amount to thirty thousand dollars, and less than fifty thousand dollars, constitute the fourth class, and must pay a license tax of one hundred and twenty-five dollars per quarter; 5. Those whose average monthly sales amount to twenty thousand dollars, and less than thirty thousand dollars, constitute the fifth class, and must pay a license tax of one hundred dollars per quarter; G. Those whose average monthly sales amount to ten thousand dollars, and less than twenty thousand dollars, constitute the sixth class, and must pay a license tax of sixty dollars per quarter; 7. Those whose average monthly sales amount to twenty- five hundred and less than ten thousand dollars constitute the seventh class, and must pay a license tax of tWenty-flve dollars per quarter; 756 LICENSES. §§ 3377-337 J 8. Those whose average monthly sales are less than twenty-five hundred dollars constitute the eighth class, and must pay a license tax of seven dollars and a half per quarter. En. March 12, 1872. Auctions and auctioneers: Ante, sees. 3284-3324. § 3377. Bankers, express companies and carriers. (Re- pealed.) En. March 12, 1872. Repealed after the passage of this code by section fifty-three of the act of April 1, 1872, on file in the secretary of state's ofiice. See note on page 504 of the original Political Code, or in Deering Code 1885, at page 492. § 3378. Bridge, ferry, wharf, chute, or pier license. Licenses to take tolls on bridges, ferries, wharves, chutes, or piers are fixed annually by the board of supervisors. The licenses therein provided for are issued by the county auditor, and must be obtained from the tax collector of the county. En. March 12, 1872. Toll-bridges and ferries: See ante, sees. 2843-2895. Delinquent license tax, proceedings to collect: Stats. 1872, p. 539. Wharves, chutes, and piers: Ante, sees. 2906-2921. Omitting to procure license: Pen. Code, sec. 435. § 3379. Brokers, trust companies, and others. Persons engaged in banking, loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private persons; or in buying or selling state, county, or city stocks, or other evidences of state, county, or city indebtedness; or stocks, or notes, bonds, or other evi- dences of indebtedness of incorporated companies; or in buying or selling gold dust, gold or silver bullion, or gold or silver coin, are divided into six classes, and must pay licenses as follows: 1. Those doing business in the aggregate to the amount of two hundred and fifty thousand dollars per quarter and over, constitute the first class, and must pay a license of one hundred dollars per quarter; 2. Those doing business to the amount of two hundred thousand dollars, and less than two hundred and fifty thousand dollars per quarter, constitute the second class, and must pay a license of eighty dollars per quarter; 3. Those doing business to the amount of one hundred thousand dollars, and less than two hundred thousand LICENSES. dollars per quarter, constitute the third class, and must pay a license of forty dollars per quarter; 4. Those doing business to the amount of fifty thousand dollars, and less than one hundred thousand dollars per quarter, constitute the fourth class, and must pay a license of twenty -five dollars per quarter* 5. Those doing business in any amount under fifty thou- sand dollars, and over five thousand dollars per quarter, constitute the fifth class, and must pay a license of fifteen dollars per quarter; 6. Those doing business in any amount under five thou- sand dollars per quarter, constitute the sixth class, and must pay a license of three dollars per quarter. Bn. March 12, 1872. § 3380. Different kinds of licenses. Licenses must be obtained for the purposes hereinafter named, for which the tax collector must require payment as follows: First — From each proprietor of a billiard table not kept exclusively for family use, for each table five (5) dollars per quarter; and for a bowling alley, five (5) dollars per quarter for each alley; but no license must be granted for a term less than three months. Two — Theaters are divided into two classes; those seat- ing nine hundred and seventy-five or more, are of the first class; those seating less than nine hundred and seventy-five are of the second class; one seat is twenty-two inches. Licenses shall be granted to theaters and other places or amusement according to the following schedule: If for less than one month. 1st class, $.5 per day 2d class, to per day If for one month llf for three months and Ipsg than and less than one three months— year— ^l;)i)per month if7.'> per month $300 pe quarter $200 per quarter $400 If for one year. Third — For each exhibition, for pay, for a caravan or menagerie, or any collection of animals, circus or other acrobatic performance, ten dollars; and for each show, for pay, of any figures, jugglers, necromancers, magicians, wire or rope dancing, or sleight of hand exhibition, five (a, dollars each day. Fourth — From each pawnbroker, thirty (30) dollars per quarter. 757 LICENSES. §§ 3381, 3381: Five — from each keeper of all intelligence offices, fifteen (15) dollars per quarter. En. March 12, 1872. Am'd. 1873-4, 44. Subds. 2 and 3. Inapplicable to charitable entertain- ments: Post, sec. 3386. § 3381. Retail liquoi licenses. Every person who sells spirituous, malt, or fermented liquors or v^ine, in less quantities than one quart, must obtain a license from the tax collector as prescribed in this chapter, and make therefor the following payment: 1. Those making sales to the amount of ten thousand dollars or more as a monthly average, constitute the first class, and must pay forty dollars per month; 2. Those making sales to the amount of five thousand dollars, and not exceeding ten thousand dollars as a monthly average, constitute the second class, and must pay twenty dollars per month; 3. And those making sales of less than five thousand dollars, constitute the third class, and must pay five dol- lars per month. En. March 12, 1872. Cal. Rep. Cit. 74, 24. § 3382. Merchant's license. Every person who, at a fixed place of business, sells any goods, wares, or mer- chandise, wines, or distilled liquors, drugs, or medicines, jewelry, or wares of precious metals, whether on com- mission or otherwise (except agricultural or vinicultural productions, or the productions of any stock, dairy, or poultry farm of this state, when sold by the producer thereof, and except such as are sold by auctioneers at public sale under license), and all persons who keep horses or carriages for hire (except such as are used in the transportation of goods), must obtain from the tax collector of the county in which the business is transacted, and for each branch of such business, license, and pay quarterly therefor an amount of money to be determined by the class in which such person is placed by the tax collector; such business to be classified and regulated by the amount of the average monthly sales made or hiring done, and at the rates following: 1. Those who are estimated to make average monthly sales or hiring to the amount of one hundred thousand § 3383 LICENSES. 768 dollars or more, constitute the first class, and must pay fifty dollars per month. 2. Of seventy-five thousand dollars, and less than one hundred thousand dollars, constitute the second class, and must pay thirty-seven dollars and fifty cents per month. 3. Of fifty thousand dollars, and less than seventy-five thousand dollars, constitute the third class, and must pay twenty-five dollars per month. 4. Of forty thousand dollars, and less than fifty thousand dollars, constitute the fourth class, and must pay twenty dollars per month. 5. Of thirty thousand dollars, and less than forty thou- sand dollars, constitute the fifth class, and must pay fifteen dollars per month. 6. Of twenty thousand dollars, and less than thirty thou- sand dollars, constitute the sixth class, and must pay ten dollars per month. 7. Of ten thousand dollars, and less than twenty thou- sand dollars, constitute the seventh class, and must pay seven dollars and fifty cents per month. 8. Of five thousand dollars, and less than ten thousand dollars, constitute the eighth class, and must pay five dollars per month. 9. Of two thousand five hundred dollars, and less than five thousand dollars, constitute the ninth class, and must pay three dollars per month. 10. Of all amounts over twelve hundred and fifty dollars, and under two thousand five hundred dollars per month, constitute the tenth class, and must pay one dollar and fifty cents per month. 11. Of all amounts less than twelve hundred and fifty dollars per month, constitute the eleventh class, and must pay one dollar per month. En. March 12, 1872. Am'd. 1873-4, 137. Cal. Rep. Cit. 74, 24. Wines or distilled liquors, applicf.tion of provision: Post, sec. 3383. § 3383. Exception in using liquors. The sale of liquors and wines by persons licensed under the preceding section must not be in less quantity than one quart measure. No license must be required of physicians, surgeons, apothe- 759 LICENSES. SS 3384, 3385 caries, or chemists, for any wines or spirituous liquors they may use in the preparation of medicines. En. March 12, 1872. § 3384. Peddlers' and hawkers' license. Every travel- ing merchant, hawlver, or peddler, who carries a pack and vends goods, wares, or merchandise of any kind other than the manufactures or productions of this state, must pay for a license five dollars per month; and every such traveling merchant, hawker, or peddler, who uses a wagon, or one or more animals, for the purpose of vending such goods, wares, or merchandise of any kind, must pay for a license fifteen dollars per month; and every traveling merchant, hawker, or peddler, who uses a trading boat or other watercraft only, shall pay a merchant's license, according to the provisions and classifications of section three thousand three hundred and eighty-two of this code. En. March 12, 1872. Am'd. 1875-6, 55. Cal. Rep. Cit. 57, 92. § 3385. Animals kept for propagation to be licensed. Every person who keeps a stallion, jack, or bull, and who permits the same to be used for the purpose of propagation for hire, must annually obtain a license therefor from the tax collector, and pay therefor as follows: 1. Horses that are hired for the purpose of propagation, by the season, at one hundred dollars or more, constitute the first class, and require a license of seventy-five dollars. 2. At seventy-five dollars, and less than one hundred dollars, constitute the second class, and require a license of sixty dollars. 3. At fifty dollars, and less than seventy-five dollars, ^ constitute the third class, and require a license of forty dollars. 4. At thirty dollars, and less than fifty dollars, constitute the fourth class, and require a license of twenty-five dol- lars. 5. At fifteen dollars, and less than thirty dollars, con- stitute the fifth class, and require a license of fifteen dollars. 6. All at less than fifteen dollars, constitute the sixth class, and require a license of ten dollars. 7. For each jack, ten dollars. 8. For each bull, ten dollars. J§ 3386, 3387 THE PUBLIC LANDS. 760 A license so obtained from the tax collector, under the provisions of this act, shall entitle the holder thereof [to] the right to go into any county of this state for the pur- poses of propagation, without further license or expense. En. March>12, 1872. Am'd. 1875-6, 56. § 3386. Certain exhibitions, etc., exempted. The pro- visions of subdivisions 2 and 3, of section 3380, do not apply to exhibitions or entertainments given for the benefit of churches, schools, or other charitable entertainments, by any amateur dramatic association or literary society of the town or district in which such exhibition or enter- tainment is given. En. March 12, 1872. Cal. Rep. Cit. 76, 276. § 3387. Present incumbents must collect licenses. In every county in this state where any oflBcer other than the tax collector is charged with the collection of license taxes, such officer must, until after the expiration of the term of the present incumbent, discharge the duties cast upon the tax collector under the provisions of articles I and II of this chapter. En. March 12, 1872. TITLE VIII. PROPERTY OF THE STATE. Chapter I. The Public Lands, §§ 3395-3574. II. The Yosemite Valley and Mariposa Big Tree Grove, §§ 3584-3586. III. The State Burying Ground, §§ 3596-3597. CHAPTER I. THE PUBLIC LANDS. Article I. General Provisions Respecting the Public Lands, §§ 3335- 3429. II. Swamp and Overflowed, Salt Marsh and Tide Lands, SS 3'140-34:i3y2. III. School Lands, §§ 3194-3503. IV. Payments, Certiflcates of Purchase and Patents, §§ 3612- 3523. V. Selection and Sale of University Lands, §§ 3533-3536. VI. Procee>llngs against Delinquent Purchasers, §§ 3546-3556. VII. Miscellaneous Provisions Relating to Public Lands, S§ 3566-3574. THE PUBLIC LANDS. 3396 ARTICLE I. GENERAL PROVISIONS RESPECTING THE PUBLIC LANDS. § 3395. Register to keep certain accounts and records. § 3"9n. Must keep plats and note locations thereon. § 3:>;i7. Mu.= t note on plats the issuing of certificates or patents. § 33ns, Surveyor-general to be state locating agent. § 33y9. Agent at Washington. (Repealed.) § 3400. Qualification and residence of agent. (Repealed.) I 3401. Duties of agent. (Repealed.) § 3402. Compensation. (Repealed.) § 3403. Mode of payment of agent. (Repealed.) § 3401. Purchasers of lands must pay expenses, etc. (Repeale-d.) § 3403. Surveyor-general to keep certain records. § 3406. Duty of surveyor-general on application for purchase. § 3407. Same. § 340S. When townships are surveyed. (Repealed.) I 3409. Statement as to condition of school sections. § 3410. Registers and receivers, how compensated for services. § 3111. Surveyor-general to represent state in contests. § 3412. Place of taking testimony to be fixed. § 3413. Attorney-general, attendance. Traveling expenses. § 3414. Contest, how disposed of. § 3415. Same. § 3416. Effect of judgment. § 3417. Limitations. § 3418. Duty upon application for survey. (Repealed.) § 3419. Same. (Repealed.) § 3420. Upon refusal of ccunty surveyor. (Repealed.) 5 3421. Surveys, how made. (Repealed.) § 3422. County tioasuier to report to register. § 3423. Duty of register on receipt of report. § 3424. Quarterly reports of the county treasurers. § 3425. Treasurers to pay over moneys received. § 3426. Moneys to be retained by county treasurers. §. 3427. Interest, how computed and when payable. § 3428. Compensation of county treasurer and auditor. (Repealed.) § 3429. Instructions and forms. § 3395. Register to keep certain accounts and records. The register of the state land office must keep separate accounts and records in relation to each class of lands to which the state is entitled, which must show: 1. The number of the survey or location, and the date of the approval; 2. The name of the locator, the description of the lands by legal subdivisions, the price per acre at which they are sold, the amount paid, the date of payment, the number and date of the certificate of purchase; 3. The date of the patent, when it has been issued. En. March 12, 1872. Register of the state land office, surveyor-general is ex- officio: Ante, sees. 350, 497. Deputy, same: Ante, sees. 350, 497. Clerks: Ante, sec. 343. Duties, referred to as §§ 3396-3406 THE PUBLIC LANDS. 762 being prescribed in this portion of code: Ante, sec. 498. Salary of clerks: Ante, sec. 500. Fees: Ante, sec. 501. Bond: Ante, sec. 502. § 3396. Must keep plats and note locations thereon. He must also keep plats of such lands, upon which all approved locations and surveys must be designated by their numbers. En. March 12, 1872. § 3397. Must note on plats the issuing of certificates or patents. When certificates of purchase or patents are issued, the fact must be noted on the plats. En. March 12, 1872. Payments, certificates of purchase and patents: Post, sees. 3512-3523. § 3398. Surveyor-general to be state locating agent. The surveyor-general is the general agent of the state for the location in the United States land offices of the unsold portion of five hundred thousand acres of land granted to the state for school purposes, and the sixteenth and thirty-sixth sections granted for the use of public schools, and lands in lieu thereof. En. March 12, 1872. School lands: Post, sees. 3494-3503. Booth act: See act of congress, March 2, 1853, 10 U. S. Stats. 244, for the act reserving to California for school purposes the sixteenth and thirty-sixth sections of each township. §§ 3399 to 3404. (Repealed.) En. March 12, 1872. Rep. 1873-4, 139. § 3405. Surveyor-general to keep certain records. The surveyor-general must provide the necessary record book, and cause all lists or patents for lands from the United States to be recorded therein. En. March 12, 1872. § 3406. Duty of surveyor-general on application for purchase. The surveyor-general must, whenever applica- tion is made to him for any portion of the lands mentioned in section 3398, communicate with the United States land office, and ask that the lands described in the application l)e accepted in part satisfaction of the grant under which it is sought to be located. En, March 12, 1872. Cal. Rep. Cit. 81, 606. 763 THE PUBLIC LANDS. §§ 3407-841JJ § 3407. Same. When the acceptance of the register of the United States land office is obtained, he must gire to the party applying a copy of his approval. En. March 12, 1872. Cal. Rep. Cit. 81, 606. § 3408. When townships are surveyed. (Repealed.) En. March 12, 1872. Rep. 1875-6, 57. Cal. Rep. Cit. 52, 94. § 3409. Statement as to condition of school sections. The surveyor-general must, after the survey of any town- ship by the United States surveyor-general, obtain from the United States land office a statement, showing whether or not the sixteenth and thirty-sixth sections therein belong to the state. En. March 12, 1872. Cal. Rep. Cit. 82, 515; 82, 573. Application to purchase sixteenth and thirty-sixth sec- tions: See sec. 3495, post. § 3410. Registers and receivers, how compensated for services. The registers and receivers of the United States land offices must present their accounts for ser- vices rendered the state to the surveyor-general, who, if he finds the same correct, according to fees allowed reg- isters and receivers by act of congress, or by the depart- ment of the interior, must certify the same to the state board of examiners, who must audit and allow such accounts, and they must be paid out of the general fund. En. March 12, 1872. State board of examiners: Ante, sees. 654-685. § 3411. Surveyor-general to represent state in contests. The surveyor-general must represent the state in all contests between it and the United States in relation to public lands. En. March 12, 1872. § 3412. Place of taking testimony to be fixed. When he desires to take testimony under the provisions of the act of congress to quiet land titles in California, passed July, eighteen hundred and sixty-six, he must request the United States surveyor-general to fix a place convenient of access by the witnesses, and the time for taking such testimony. En. March 12, 1872. §§ 3413-3415 THE PUBLIC LANDS. 764 § 3413. Attorney-general, attendance. Traveling ex- penses He may require the attorney-general to attend and represent the state at the taking of such testimony; and the traveling expenses of each are a charge against the state. All claims for traveling expenses must be audited and allowed by the board of examiners, and paid out of the general fund. But not more than fifteen hun- dred dollars must be allowed in any one year for such expenses. En. March 12, 1872. Cal. Rep. Cit. 69, 224. Board of examiners: Ante, sees. 654-685. § 3414. Contest, how disposed of. When a contest arises concerning the approval of a survey or location before the surveyor-general, or concerning a certificate of purchase or other evidence of title before the register, the officer before whom the contest is made may, when the question involved is as to the survey, or one purely of fact, or whether the land applied for is a part of the swamp or overflowed lands of the state, or whether it is included within a confirmed grant, the lines of which have been run by authority of law, proceed to hear and determine the same; but when, in the judgment of the officer, a question of law is involved, or when either party demand.-^ a trial in the courts of the state, he must make an order referring the contest to the district court of the county in which the land is situated, and must enter such order in a record book in his office. En. March 12, 1872. Cal. Rep. Cit. 52, 379; 54, 632; 56, 123; 57, 75; 60, 123 68, 481; 70, 151; 72, 237; 72, 448; 74, 582; 76, 177 77, 101; 81, 606; 82, 515; 82, 572; 82, 574; 91, 32 91, 34; 96, 117; 98, 402; 106, 491; 108, 63; 133, 541 133, 543; 136, 494; 146, 541. Form of application to purchase in sixteenth and thirty- .sixth sections: See post, sec. 3495. Same of swamp land: Post, sec. 3443. § 3415. Same. After such order is made either party may bring an action in the superior court of the county in which the land in question is situated, to determine the conflict, and the production of a certified copy of the entry, made by either the surveyor-general or the register, gives the court full and complete jurisdiction 765 THE PUBLIC LANDS. §§ 341«-3423 to hear and determine the action. En. March 12, 1872. Am'd. 1880, 108. Cal. Rep. Cit. 54, 632; 56, 123; 57, 76; 60, 123; 68, 482; 70, 151; 70, 152: 72, 448; 74, 582; 82, 572; 82, 574; 91, 32; 91, 34; 98, 402; 106, 487; 133, 542; 146, 542. § 3416. Effect of judgment. Upon filing with the sur- veyor-general or register, as the case may be, a copy of the final judgment of the court, that ofiicer must approve the survey or location, or issue the certificate of pur- chase or other evidence of title in accordance with such judgment. En. March 12, 1872. Cal. Rep. Cit. 57, 76; 57, 77; 60, 123; 60, 124; 60, 125; 64, 46; 70, 151; 77, 207; 98, 403; 136, 496; 146, 542. Must approve the survey or location on this provision as well as sees. 3414 and 3415, ante. § 3417. Limitations. Unless the party contestant com- mences his action within sixty days after the order of reference is made, his rights in the premises and under this application cease. En. March 12, 1872. Cal. Rep. Cit. 72, 449; 77, 311; 79, 2; 79, 3; 143, 74. §§ 3418 to 3421. (Repealed.) i3Jn. March 12, 1872. Rep. 1873-4, 141. § 3422. Ccunty treasurer to report to register. Upon the first day of every month the county treasurer must make a report to the register of all moneys received for land during the preceding month, showing the number of the location or survey, the name of the purchaser, and the amount paid since the date of his last report, whether as principal or interest, which amounts must be entered in the columns belonging to the particular class of land upon which each payment has been made. The payment of the fee for the certificate of purchase must also be entered in the proper column, and the treasurer must then send the report to the auditor, who must compare the items with the account of the treasurer; and if the same agrees with his entries, countersign the report and return it to the treasurer. En. March 12, 1872. Cal. Rep. Cit. 119, 516. Payments, certificates of purchase, and patents: See post, sees. 3512-3523. J 3423. Duty of i agister on receipt of report. These reports must ' be forwarded to the register at once, and §§ 3424-3428 THE PUBLIC LANDS. '86 upon receipt thereof the register must enter the payment so reported to the credit of the purchaser in the books of his office. He must notify the county treasurer of the receipt of his report, and if it is not correct, return it for correction. En. March 12, 1872. § 3424. Quarterly reports of the county treasurers. At the end of each quarter the county treasurer must re- port to the controlle of state he sum which has been received during the quarter upon each class of land; which report must be referred to the register for exami- nation and comparison with the books of his office. En. March 12, 1872. § 3425. Treasurers to pay over moneys received. When the register certifies to the correctness of the report it must be returned to the controller, who must thereupon make his settlement '^ith the county treasurer, who must pay over to the treasurer of state all moneys, controller's warrants, or other evidences of state indebtedness which he may have received in payment for such lands, except a- provided in the next section. En. March 12, 1872. § 3426. Moneys to be retained by county treasurers. The county treasurer must retain all moneys arising from the sale of swamp and overflowed lands, and place the same to the credit of a fund known as lae "Swamp Land Fund" of the county. En. March 12, 1872. Cal. Rep. Cit. 119, 516; 142, 449. Swamp and overflowed lands, salt marsh and tide lands: Post, sees. 3440-^4931^. § 3427. Interest, how computed and when payable. The county treasurer must compute interest on all sales from the date of the approval of the survey, or the date of the certificate of location, to the first of January fol- lowing such date; or if for lands already purchased, then up to the first of January following the day upon which the interest falls due; after which time all payments of principal or interest fall due on the first day of Janu- ary. En. March 12, 1872. § 3428. Compensation of county treasurer and auditor. (Repealed.) En. March 12, 1872. Rep. 1897, 427. Cal. Rep. Cit. 68, 55. 767 THE PUBLIC LANDS. S S^^a § 3429. Instructions and forms. The surveyor-general and registsr must issue all instructions, and prepare and have printed all blank forms necessary to carry into operation the provisions of this chapter. En. March 12, 1872. Actual settlers- state lands to be granted only to: Const. Cal., art. XVII, sec. 3. ARTICLE II. SWAMP AND OVERFLOWED, SALT MARSH, AND TIDE LANDS. § S4-10. Swan\p lands, etc., price and manner of payment. § o441. Surveys not to be approved until land segregated. § 34-12. Settlers piefei'ied purchasers for six months. § 344.'i. .\ffioavit for purchase of swamp land. § 3444. If made by female, what must show. § 3445. Land segregated, but not sectlonized. § 3446. Formation of reclamation districts, petition for. § 3447. Petition verification and publication of. § 344S. District situated partly in different counties. § 3449. Proceedings on approval of petition. § 3450. Petition, where lo be recorded. § 3451. Duty of register on receipt of copy. § 34ti2. By-laws for government of district. § 3453. Board of trustees. § 34.')4. Poweis of trustees. § 3455. Board of trustees to report plans, etc. § o4'5B. Commissioners to assess charges for reclamation. § 3457. Warrants, presentation, etc. § 345S. District situated partly in different counties; charges, where raid. § 3459. Additional assessments. § 3460. Comm.issioners to make assessment lists. § 3461. Contents of list. § o4C2. Lists, where filed. J .5463. Lien acquired by filing lists. § 3!64. Credit to be given to owner of land. 5 3465. P.iynifnt, how made. § 34(;6. Delinquent assessments, how collected. § 3466%. Invalid assessment, crediting payments under. § 3467. W. :rk of reclamation to be done under direction of trustees. § 346S. Accounts to be kept open to Inspection. § 346 1. Subsequent purchasers governed by by-laws. § 3470. Rights of such purchasers, how secured. § 3471. Property may be condemned for reclamation purposes. § 3472. Owners may reclaim without intervention of trustees. § .3473. Their powers and duties. I 3474. When works of reclamation are in progress, interest to cease. S :'47.'i. Power of supervisors to let contracts, etc. § 3476. Certificate of completion of work, etc. § 3477. Credit when given, statement forwarded and moneys paid over. S 3478. Old districts may reorganize under this chapter. § 3479. Tiustees may compromise indebtedness of, and levy tax to pay the same. § 3480. Bonds and warrants redeemed may be used by trustees In pur- chase of land In district. §§ 3440-3443 THE PUBLIC LANDS. 7«8 § 34S1. Unreclaimed lands may be set off in separate district. § 34S2. Liability of such district for original indebtedness. § 3483. Districts, how designated. ' § 34S4'. In Sacramento, supervisors may employ clerk. § o4S5. Payment on lands sold for five years or less, when to be made. § 34S6. Occupants of land on banks of stream liable for damages. when. § 3487. Proof In mitigation of damages. § 34SS. Certain lands excepted from the provisions of this chapter. § 3189. Reorganizing and consolidating swamp districts. § 34!!0. Injuries to levees. § 3491. Election of trustees. § 3492. Petition for reclamation district. § 3493. Dissolution of district. § 3493V4. Action to determine validity of assessment. § 3440. Swamp lands, etc.; price and manner of pay- ment. The swamp and overflowed, salt marsh, and tide lands belonging to the state must be sold at the rate of one dollar ($1.00) per acre, in gold coin, payable, twenty per cent of the principal within fifty days from the date of the approval of the survey by the surveyor-general; and the balance, bearing interest at the rate of seven per cent per annum, payable in advance, is due and payable one j^ear after the passage of any act of the legislature requiring such payment, or before, if desired by the purchasers. Bonds or warrants of districts having an outstanding indebtedness are receivable in payment for lands in such districts at par. En. March 12, 1872. Am'd. 1880, 58. § 3441. Surveys not to be approved until land segre- gated. The surveyor-general of the state must not ap- pi'ove any application, nor must the register issue evidence of title for swamp and overflowed land, until six months after the same has been segr-egated by authority of the United States. En. March 12, 1872. Am'd. 1873-4, 141. Cal. Rep. Cit. 74, 178; 88, 277; 143, 72. § 3442. Settlers preferred purchasers for six months. Settlers upon swamp and overflowed lands belonging to the state, who occupy the same for farming or grazing purposes, and whose occupation is evidenced by actual inclosure, or by ditches or monuments showing the actual extent thereof, are preferred purchasers for such land for six months after segregation. En. March 12, 1872. Cal. Rep. Cit. 52, 159; 82. 143; 88, 459. § 3443. Affidavit for purchase of swamp land. Any per- L. n desiring to purchase swamp and overflowed, or tide 769 • THE PUBLIC LANDS. § 3Ma lands, above low tide, must mal^e an affidavit and file the same in the office of the surveyor-general of the state, that he is a citizen of the United States, or has filed his intention to become so; a resident of the state, of lawful age; that he desires to purchase lands (describing them) under the law providing for the sale of swamp and over- flowed and tide lands; that he does not know of any valid claim to the same, other than his own; and, if the land is swamp and overflowed, that he knows the land applied for and the exterior boundaries thereof, and knows, of hi. own knowledge, that there are no settlers thereon; or, if there are, that the land has been segregated more than six months by authority of the United States, and that the land which he now owns (swamp and overflowed), together with that sought to be purchased, does not ex- ceed six hundred and forty acres. Any false statement contained Jn the affidavit defeats the right of the applicant to purchase the land, or to receive any evidence of title thereto, and if willfully false, subjects him also to punishment for perjury. If at any time after such affidavit shall have been filed in the office of the surveyor-general, and prior to the issuance of patent for the lands described therein, whether such affidavit shall have been filed before the passage of this act or theceafter, it shall be made to appear to the surveyor-general by the affidavit of any settler or person occupying such land for farming purposes, that he, or those under whom he claims, have been in the possession and occupancy of such lands, or any part thereof, for farming purposes, for over ten years next prior to the date of the filing of the affidavit of the person desiring to purchase, and that his or their occupancy was open and notorious and was evidenced by actual inclosure, or by ditches, or monuments, or embankments, or levees, show- ing the actual extent thereof, and that he, or they under whom he claims, had, at the time of the filing of said affidavit by the person desiring to purchase, actually re- claimed such land and reduced the same to a state of cultivation, and had been farming and cultivating the same; or if it shall appear from such affidavit filed by such person, that the affidavit filed by the person desiring to purchase the land is false in any of the statements made therein, the surveyor-general shall make an order referring the questions raised by such affidavits to the superior court of the county in which the land, or some part thereof, is situated. Within thirty days from the Pol. Code— 49 § 3444 THE PUBLIC LANDS. • 770 date of such order of reference, the party filing the affi- davit raising such questions shall commence, in said court, an action to determine the same. In his complaint in said action he shall set forth copies of the affidavit filed by the person desiring to purchase said land, and of the affidavit filed by himself with the surveyor-general. The production of a certified copy of such order of refer- ence shall give such court full and complete jurisdiction to hear and determine the action. Pending the final judg- ment in such action, all proceedings in the surveyor- general's office respecting such lands shall be stayed. If upon the trial of such action it shall appear that the statements made in the affidavit filed by the person desir- ing to purchase the land were, in any of the statements made therein, false, or if it shall appear that the state- ments made in the affidavit filed by the settler or occu- pant of such land are true, the approval of location or certificate of purchase, if any shall have been made or issued, shall be canceled by judgment of said court. But if it shall appear upon the trial of said action that the statements contained within the affidavit of the person desiring to purchase the land are true, and the state- ments made in the affidavit of the settler or occupant are untrue, the said court shall enter its judgment ac- cordingly. Upon the filing with the surveyor-general of a copy of the final judgment of the court in said action, that officer must, if the judgment of said court shall can- cel such location or certificate of purchase, enter an order of cancellation accordingly. But if by said judgment it shall be decreed that the person desiring to purchase said land is entitled to purchase the same, the surveyor-general shall approve the location, or issue the certificate of purchase or other evfdence of title, in accordance with such judgment. En. March 12, 1872. Am'd. 1873-4, 140; 1903, 67. Cal. Rep. Cit. 52, 380; 54, 214; 65, 93; 73, 629; 74, 178; 78, 117; 82, 140; 83, 4; 88, 277; 88, 459; 88, 593; 88, 594. § 3444. If made by female, what must show. If the applicant is a female, such affidavit must also show that she is entitled to purchase real estate in her own name. En. March 12, 1872. Cal. Rep. Cit. 73, 630. 171 THE PUBLIC LANDS. §§ 3445-3447 § 3445. Land segregated, but not sectionized. Any per- son desiring to purchase lands, as provided in section three tnousand four hundred and forty-three of this code, which have been segregated by authority of the United States, but which have not been sectionized by the same authority, must apply to the surveyor of the county in which tne land is situated, to have the land which he desires to purchase surveyed, and a certificate of such survey must be attached to the affidavit required for the purchase of lands, as provided in said section. All sur- veys, required of county surveyors by the provisions of this section, must conform, as nearly as practicable, to the system adopted by the United States for the survey of the public lands. En. March 12, 1872. Am'd. 1873-4, 141. Cal. Rep. Cit. 74, 178; 88, 277; 88, 593; 91, 525; 143, 73. § 3446. Formation of reclamation districts, petition for, Whenever the holders of title or evidence of title repre- senting one-half or more of any body of swamp and over- flowed, salt marsh, or tide lands, or other lands subject to flood or overflow, susceptible of one mode of reclamation, desire to reclaim 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 a district for the reclamation of the same, a descrip- tion of the lands by legal subdivisions or other bounda- ries, the county in which they are situated, the number of acres in the proposed districts, and in each tract, with the names (if known) of the owners thereof, and designating as unsold any lands not reduced to private ownership. En. March 12, 1872. Am'd. 1873-4, 45; 1905, 70. Cal. Rep. Cit. 51, 594; 58, 124; 58, 275; 108, 316; 108, 318; 117, 117; 130, 503; 130, 611; 130, 615; 134, 478; 143, 329; 144, 211; 147, 25. Reorganization of district under the code: See sec. 3478, post. Reclamation district a public corporation: See sec. 3452, post. § 3447. Petition, verification and publication of. The petition must be verified by the affidavit of one of the peti- |§ 3448-3451 THE PUBLIC LANDS. 772 tioners, and must be published for four weeks next pre- ceding the hearing thereof, in some newspaper published in the county in which the lands are situated; or, if there is no newspaper published in the county, then it must be published in some newspaper having a general circulation in the county, and an affidavit of publication must be filed with such petition. En. March 12, 1872. Cal. Rep. Cit. 58, 238; 128, 517; 144, 211. § 3448. District situated partly in different counties. When a district is situated partly in different counties, the trustees must, after the petition has been •• granted, forward a copy thereof to the clerk of the board of super- visors of each 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, unless with the consent of the trus- tees thereof. En. March 12, 1872. Cal. Rep. Cit. 58, 275. Boards of supervisors of Yolo and Solano counties — may approve any petition presented pursuant to sees. 3446 and 3447, whether lands form part of another dis- trict or not: See Stats. 1874, p. 602. § 3449. Proceedings on approval of petition. If the board of supervisors find, on the hearing of the petition, that its statements are correct, they must make an order approving the same. If it be shown that any land has been improperly included in or excepted from the pro- posed district, they must re-form the district in such re- spects in their order. The order of approval must be indorsed on or attached to the petition, and be signed by the president and attested by the clerk of the board. En. March 12, 1872. Am'd. 1873-4, 45. § 3450. Petition, where to be recorded. The petition must then be recorded by the county recorder in a book kept for the purpose of recording papers relative to rec- lamations, and a certified copy thereof forwarded to the register. En. March 12, 1872. § 3451. Duty of register on receipt of copy. The regis- ter must thereupon forward to the county treasurer a statement showing the names of purchasers of land in 773 THE PUBLIC LANDS. §§ •J^''-- ^IJS the district, who have paid in full therefor. En. March 12, 1872. Am'd. 1873-4, 46. § 3452. By-laws for government of district. After the approval of the petition, the owners of land embraced in the district, or those owning a majority in acreage thereof, must adopt by-laws, not inconsistent with the laws of the state, for the government and control of the affairs of the district. The by-laws thus adopted must be signed by the holders of certificates of purchase, pat- ents, or other evidences of title, representing a majority in acreage of the land embraced in the district, and must be by them filed for record with the county recorder of the count5% and by him recorded in a book kept by him for the purpose of recording instruments and writings relating to reclamation. By-laws thus adopted may be amended at any time in the same manner that the original by-laws were adopted. En, March 12, 1872. Am'd. 1873-4, 46; 1887, 238. Cal. Rep. Cit. 54, 537; 58, 124. § 3453. Board of trustees. After the approval of the petition and the adoption of by-laws, the board of super- visors of the county where the district was formed, on the application of a land owner of the district, must call an election in compliance with the provisions of section thirty-four hundred and ninety-one of this code, at which election there must be elected, under and in pursuance of the provisions of said section thirty-four hundred and ninety-one, three eligible persons, who shall constitute, when elected and qualified, the board of trustees of the district, for the management of the affairs thereof, and who shall hold office for two years next succeeding their election, and until their successors are elected and quali- fied. The board of trustees must keep an office in or near the disti'ict for the transaction of the business there- of, and the books, maps, papers, records, contracts, and other documents pertaining to the affairs of the district must be open to inspection by any person interested at all times. From and after the election and qualification of said trustees said district shall be deemed organized and shall have power to sue and be sued. En. March 12, 1872. Am'd. 1887, 239; 1899, 9. Cal. Rep. Cit. 58, 125; 144, 643; 144, 644; 144, 645; 144, 647. S§ 3454, 3455 THE PUBLIC LANDS. 774 § 3454. Powers of trustees. The board of trustees shall have power to elect one of its members president thereof; to employ engineers and others to survey, plan, locate, and estimate the cost of the works necessary for the reclamation of the lands of the district; to there- after, 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 necessary; to acquire, by pur- chase, condemnation, or otherwise, the right of way, and the right to take material for the construction of all works necessary for the accomplishment of that object, including drains, canals, sluices, bulkheads, water-gates, levees, and embankments, and to construct, maintain and keep in repair all works requisite and necessary to that end; and to do all other acts and things necessary or required for the reclamation of the lands embraced in the district. And the several members of the board shall each be entitled to receive for actual and necessary ser- vices performed, and for expenses incurred by them, respectively, for and in the interest of the district, such compensation as the board may determine to be just and reasonable, and shall allow, and the same shall constitute an indebtedness of the district, for which warrants of the district must be drawn and paid in the same man- ner and out of the same fund as other warrants of the district; provided, that no warrant thus drawn shall be valid until approved by the board of supervisors of the proper county. En. March 12, 1872. Am'd. 1887, 239; 1891, 436. Cal. Rep. Cit. 54, 537; 58, 125; 104, 343; 104, 336; 129, 627. § 3455. Board of trustees to report plans, etc. The board of trustees must report to the board of supervisors of the county, or if the district is in more than one county, then to the board of supervisors of each county, in which any portion of the district is situated, such original plan or plans of the work; and every such new, supplemental, or additional plan, if any, together with estimates of the cost of the works necessary for the reclamation of the lands of the district in pursuance of any such plan or plans; together, also, with estimates of incidental ex- penses of superintendence, repairs, and the cost of col- 775 THE PUBUC LANDS. 8S 3456. 3457 lection of assessments, etc. En. March 12, 1872. Am'd. 1891, 436. Cal. Rep. Cit. 51, 476; 54, 538; 57, 42; 58, 125; 58, 276. § 3456. Commissioners to assess charges for reclama- tion. The board of supervisors of the county in which the district is situated, or if the district is in more than one county, then the board of supervisors of the county in which the greater portion of the land in said district is situated, must appoint three commissioners, disinterested persons, residents of the county in which the district, or some part thereof is situated, who must view and assess upon the land situated within the district a charge pro- portionate to the whole expense and to the benefits of which will result from such works, and estimate it in gold and silver coin of the United States. The same must be col- lected and paid into the county treasury as hereinafter pro- vided, and be placed by the treasurer to the credit of the district, and paid out for works of reclamation upon the warrants of the trustees, approved by the board of super- visors of the county. En. March 12, 1872. Am'd. 1873-4, 46; 1903, 31. Cal. Rep. Cit. 51, 476; 52, 211; 54, 538; 57, 42; 57, 44; 57, 586; 58, 276; 61, 106; 64, 208; 70, 567; 75, 450; 75. 451; 108, 325; 121, 98; 129, 624; 129, 627; 130, 503; 134, 674; 134, 675. Collection of assessments: See sec. 3466, post. § 3457. Warrants, presentation, etc. The warrants drawn by the trustees must, after they are approved by the board of supervisors, be presented to the treasurer of the county, and if they are not paid on presentation, such in- dorsement must be made thereon, and they must be regis- tered and bear interest from the date of presentation; but said warrants are, and shall be considered as contracts in writing for the payment of money, and the period pre- scribed for the commencement of an action based upon said reclamation warrants or connected therewith, is, and shSIl be the term of four years from the date of their issuance. No warrant shall be paid or received on an assessment, ex- cept within four years after the date of its issuance. The board of trustees and the treasurer must cancel all warrants not paid or received on assessment within four years after the date of issuance; provided, that any warrant not paid or received on assessment within four years after its issu- ance may, before the expiration of such four years, upon §§ 3458-3460 THE PUBLIC LANDS. 77<; the demand of the owner or holder, be extended for a like period of four years upon the presentation of the same to the board of trustees of the district, such ex- tension being indorsed thereon by said board and a record thereof filed with the treasurer. In case an ac- tion or proceeding based upon any warrant, or connected therewith, be commenced within four years after the issu- ance of such warrant and final judgment obtained in favor of the holder or owner thereof, such warrant shall be paid or received on assessment the same as if it had been paid or received on assessment before the expiration of said four years from the date of its issuance. En. March 12, 1872. Am'd. 1873-4, 47; 1905, 69. Cal. Rep. Cit. 58, 276; 121, 98; 134, 674; 134, 675. § 3458. District situated partly in different counties; charges, where paid. If a district is situated partly in different counties, the charge must be paid into the treas- ury of the county in which the particular tract may be sit- uated. En. March 12, 1872. Cal. Rep. Cit. 58, 276; 121, 98. § 3459. Additional assessments. If the original assess- ment is insufficient to provide for the complete reclama- tion of the lands of the district, or if further assessments are from time to time required to provide for the protec- tion, maintenance, and repair of the reclamation works, the trustees must present to the board of supervisors of the county in which the district is situated, or if the district is situated in more than one county, then to the board of supervisors of the county in which the greater portion of the lands in said district are situated, a statement of the work done or to be done, and its estimated cost, and such board must make an order directing the commissioners who made the original assessment, or other commissioners, to be named in such order, to assess the amount of such estimated cost as a charge upon the lands within the dis- trict, which assessment must be made and collected in the same manner as the original assessment. En. March 12, 1872. Am'd. 1873-4, 47; 1903, 31. Cal. Rep. Cit. 49, 665; 51, 476; 51, 478; 57, 42; 58, 125; 64, 209; 98, 53; 121, 98. § 3460. Commissioners to make assessment lists. The commissioners appointed by the board of supervisors must make a list of the charges assessed against each tract of T77 THE PUBLIC LANDS. §5 3461-3433 land; and if there be any error or mistake in the descrip- tion of the land, or in the name of the owner, or if an^ 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 commissioners shall amend or correct the same at any time, either before or after the lists shall have been filed with the treasurer of the county. En. March 12, 1872. Am'd. 1891, 286. Cal. Rep. Cit. 57, 42; 124, 178. § 3461. Contents of list. The list must contain: 1. A description by legal subdiYisions, swamp land sur- veys, or natural boundaries of each tract assessed. 2. The number of acres in each tract. 8. The names of the ow^ners of each tract, if known; and if unknown, that fact; but no mistake in the name of the owner, or supposed owner of the property assessed shall render the assessment thereof invalid. 4. The amount of the charge assessed against each tract. En. March 12, 1872. Am'd. 1873-4, 49; 190.5, 56. Cal. Rep. Cit. 54, 538; 57, 42; 75, 451; 101, 566; 121, 656; 121, 659; 124, 178; 124, 179. § 3462. Lists, where filed. The list so made must be filed with the treasurer of the county, or if the district is situated in different counties, then the original list must be filed in the county where the petition was filed, and copies thereof, certified by the commissioners, must be filed with the treasurer of each of the other counties. En. March 12, 1872. Am'd. 1873-4, 47. Cal. Rep. Cit. 54, 538; 57, 42. § 3463. Lien acquired by filing lists. From and after the filing of the list, or certified copy thereof, the charges assessed upon any tract of land wathin the county constitute a lien thereon, and in any action to enforce said lien or to determine its validity, said list, duly executed by said com- missioners, or a certified copy thereof shall be prima facie evidence of the matters therein contained, and that said commissioners were duly appointed and qualified, as re- quired by law, and that they did view and assess upon the lands set forth in said lists the charges therein contained. and that said charges are in proportion to the whole expense and the benefits of which will result from the works of reclamation for which said assessment is so levied. En. March 12, 1872. Am'd. 1905, 55. Cal. Rep. Cit. 57, 42; 115, 175. §§ 3464-3466 THE PUBLIC LANDS. '''"* § 3464. Credit to be given to owner of land. When the list, or a certified copy thereof, is filed, the treasurer must credit thereon, to each purchaser who has paid in full for his land, eighty cents per acre, less any amount charge- able against him, and maist transfer the amount to the credit of the 'district. En. March 12, 1872. Am'd. 1873-4. 48. § 3465. Payment, how made. The lists thus prepared and filed must remain in the office of the treasurer for thirty days, or longer, if ordered by the board of trustees; and during the time they so remain any person may pay the amount of the charge assessed against any tract of land to the treasurer, in gold coin of the United States, or in warrants of the district drawn by order of the tnis- tees thereof, and approved by the board of supervisors of the county. Where payment is made in the 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 surrendered to the treasurer and by him canceled. En. March 12, 1872. Am'd. 1875-6, 57. Cal. Rep. Cit. 57, LI; 58, 276; 70, 571. § 3466. Delinquent assessments, how collected. At the end of thirty days, the treasurer must return the lists to the board of trustees of the district, and all unpaid assess- ments shall bear legal interest from the date of the return of the lists to said board, and shall thereafter be collected and paid 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; and a cause of action for the collection of any such installment shall accrue at the expiration of twenty days from the date of the order directing its payment; provided, that if any such installment shall remain unpaid at the ex- piration of said twenty days, then the whole of the assess- ment against the land owned by the person failing to pay such installment shall become due and payable at once, and may, in the discretion of the board, be collected imme- diately, in one and the same action. The board of trustees of the district must commence actions for the collection of such tlelinquent installments, and delinquent assess- ments, with interest thereon, and costs, and for the en- forcement of the lien thereof on the land assessed, in the superior court of the county in which the land, or some portion of it, is situated, in which action all persons claim- ing any interest in said land upon which said assessment 779 THE PUBLIC LANDS. 5 3466V4 is levied, and any person necessary to a complete deter- mination of the action, may be joined as defendants in said action. No person holding a conveyance from or un- der the person to whom the land was assessed, or having a lien thereon, which conveyance or lien does not appear of recort in the proper office at the time of the commence- ment of the action, need be made a party to such action, and the judgment therein rendered, and the proceedings therein had, are as conclusive against the party holding such unrecorded conveyance or lien as if he had been a party to the action. Notice of the pendency of such action may be filed in the office of the county recorder of the county in which the land affected by said action is situ- ated, in the same manner and with like effect as in other actions affecting real property. When the name of any person, properly a defendant in any such action, as herein provided, is unknown to the said trustees such person may be joined in said action and be sued by a fictitious name, and if his true name is thereafter, and before, final judgment, discovered or ascertained the same may be, thereafter, substituted for such fictitious name. Service of the summons in such action shall be made in the same manner as is provided by law for the service or publication of summons in other actions. Assessments on several tracts may be included in the same action, if listed to the same persons, and causes of action on separate assessments on the same land may be included in the same action. In all actions for the collection of delinquent assessments, the court may decree and adjudge a lien against each tract for the amount assessed against the same, and may order it to be sold, on execution or decree, as in other cases of sale of real estate on execution. The judgment or decree must direct that the sale be made for gold and silver coin of the United States. The board of trustees must pay the moneys collected to the county treasury, who must place the same to the credit of the district. En. March 12, 1872. Am'd. 1873-4, 48; 1880, 108; 1891, 288; 1905. 62. Cal. Rep. Cit. 54, 538; 56, 607; 56, 608; 57, 42; 57, 586; 61, 106; 66, 58; 104, 340; 112, 87; 112, 88; 121, 659; 121, 660; 130, 503; 130, 504; 131, 665. § 3466|/2. Invalid assessment, crediting paynnents under. In all cases in which an assessment shall have been levied since October first, eighteen hundred and ninety-six, or shall hereafter be levied, for reclamation purposes, upon the lands embraced within any reclamation district, and the assessment shall have thereafter been or shall be §§ 3467-3471 THE PUBLIC LANDS. 780 adjudged invalid, by any court of competent jurisdiction, and any land owner of the district shall have paid the amount assessed, in said assessment, against land belong- ing to him, before said assessment shall have been or shall be so adjudged invalid, the amount so paid by said laud owner, together with the legal interest thereon from the date of its payment, shall be credited, by the treasurer of the county in which said land is situated, to the tract of land on which the same was paid, and shall be applied upon any assessment thereafter levied on the lands of the district, to the payment, pro tanto, of the amount therein assessed against said tract of land. En. Stats. 1899, 46. § 3467. Work of reclamation to be done under direction of trustees. The work necessary for reclamation must be executed under the direction and in the manner prescribed by the board of trustees. En. March 12, 1872. Cal. Rep. Cit. 58, 276. § 3468. Accounts to be kept open to inspection. The board must keep accurate accounts of all expenditures, which accounts, and all contracts that may be made by them, are open to the inspection of the board of super- visors and every person interested. En. March 12, 1872. Cal. Rep. Cit. 58, 276. § 3469. Subsequent purchasers governed by by-laws. The purchaser of any tract of land which may be unsold in any reclamation district at the date of filing of the by- laws takes the same, subject to all the provisions of such by-laws, and to the charges assessed in pursuance thereof. En. March 12. 1872. Cal. Rep. Cit. 59, 95. § 3470. Rights of such purchasers, how secured. Such purchaser has all the rights and privileges enjoyed by the original signers of the by-laws, if he pays into the county treasury twenty per cent of the principal, one year's interest on the remaining eighty per cent, and any charges assessed against the land so purchased for the cost and expense of reclamation, with interest thereon from the date such charges became due. En. March 12, 1872. § 3471. Property may be condemned for reclamation purposes. The trustees of any reclamation district in which the by-laws have been filed, may acquire rights ol 781 THE PUBLIC LANDS. §§ S^TS. 3473 way for canals, drains, embankments, and otlier work necessary to the reclamation, and may take materials for the construction, maintenance, and repair thereof, from lands outside of as well as within the limits of the district; and if the trustees cannot procure the consent of the owner of the lands or material needed, they, or, the president act- ing in their behalf, may proceed under the provisions of title VII part III, of the Code of Civil Procedure, for the condemnation thereof. En. March 12, 1872. Cal. Rep. Cit. 134, 479. Reclamation district, powers of board of trustees: Ante, sec. 3454. Condemnation of property for reclamation purposes pur- suant to Code of Civil Procedure: See title Eminent Do- main, sees. 1237-1263. § 3472. Owners may reclaim without intervention of trustees. "V^Tienever any district, susceptible of one mode of reclamation, is entirely owned by parties who desire to reclaim the same, and to manage the reclamation with- out the intervention of trustees of the establishment of by-laws, they may file the petition provided for in sections thirty-four hundred and forty-six and thirty-four hundred and forty-seven, and must state therein that they intend to undertake the reclamation on their own responsibility. The existence of a reclamation district formed to operate without the intervention of trustees shall not have the effect to prevent the owners of the land included in such district from forming a district to operate with trustees, and such owners may present to the board of supervisors the petition provided for in section thirty-four hundred and forty-six or in section thirty-four hundred and ninety-two, and the presentation of such petition shall be deemed an abandonment and surrender of the rights, immunities, and privileges conferred upon such owners and their predeces- sors or predecessor in interest in such land by the crea- tion of such original district. En. March 12, 1872. Am'd 1897, 194. Cal. Rep. Cit. 128, 517; 128, 518. § 3473. Their powers and duties. If the petition is granted, the owners of the lands have all the rights, im- munities, and privileges granted to boards of trustees; and in all proceedings the names of the owners may be used instead of the names of trustees. En. March 12, 1872. Cal. Rep. Cit. 128, 517. §§ 3474, 3477 THE PUBLIC LANDS. T82 § 3474. When works of reclamation are in progress, in- terest to cease. Whenever the supervisors of any county in which any reclamation district has been formed, certify to the register that works of reclamation are in progress upon a plan and in conformity with the requirements hereinbefore provided, the payment of interest by pur- chasers in such districts is suspended; but if the works are not completed and accepted within four years from the date of the filing of the petition, then interest for the whole time must be charged and collected by the register. En. March 12, 1872. Cal. Rep. Cit. 119, 516. § 3475. Power of supervisors to let contracts, etc. The supervisors shall have power, on application of the trus- tees or owners of any swamp land district, to approve and let any contract to the lowest responsible bidder, and order the county treasurer to pay for the same out of the funds of the district. En. March 12, 1872. Am'd. 1873-4, 49. § 3476. Certificate of completion of work, etc. When- ever the trustees, or owners of land, if there be no trus- tees, certify under oath to the board of supervisors who form the district and show to their satisfaction that the works of reclamation are completed, or that two dollars per acre, in gold coin, has been expended on the works of reclamation, the board of supervisors must thereupon certify such facts to the register. En. March 12, 1872. Am'd, 1873-4. 50. Cal. Rep. Cit. 128, 517; 128, 518; 129, 379; 142, 448; 142, 449. § 3477. Credit when given, statement forwarded and moneys paid over. The register must thereupon credit each purchaser in the district with payment in full for such lands, and the purchasers are entitled to patents therefor; and the register must forward to the treasurer of the county in which any part of the district is situated, a statement, showing the amount paid by each purchaser in the district, including interest, and the county treasurer, after deducting all amounts chargeable against the lands in said district by reason of moneys drawn from the "Swamp Land Fund" of the county, must divide the balance pro rata amongst the original purchasers of land in the district, or their assigns, and must pay to each purchaser, or his assigns, on demand, the amount found to be due him from such computation out of the moneys 783 THE PUBLIC LANDS. §§ 3478-34S0 in his hands to the credit of the "Swamp Land Fund" of the county. Neither this nor the preceding section applies to districts having outstanding indebtedness represented by controller's warrants drawn on the state treasury, until all such warrants are fully paid. En. March 12, 1872. Am'd. 1873-4, 50. Cal. Rep. Cit. 128, 518; 128, 519; 128, 520; 129, 379; 129, 381; 131, 404; 142, 448; 142, 451; 143, 329; 143, 330. Credits allowed purchasers of reclaimed lands: See act to facilitate equalization of assessments in reclamation dis- tricts, Stats. 1881, p. 68. See, also. General Laws, title Reclamation Districts. Swamp land funds arising from sales, distribution of in the several county treasuries: Stats. 1874, p. 770. § 3478. Old districts may reorganize under this chapter. Districts formed under laws in force prior to May twenty- eighth, eighteen hundred and sixty-eight, may reorganize under the provisions of this chapter. En. March 12, 1872. Cal. Rep. Cit. 58, 126; 64, 206; 64, 210; 74, 554; 114, 644. Reorganization and consolidation of swamp land, levee and reclamation districts: Post, sec. 3489. § 3479. Trustees may compromise indebtedness of, and levy tax to pay the same. But if such districts are in debt, the trustees thereof have no power to impair or destroy any indebtedness of the district without the consent of the creditors, but may make any arrangement with the creditors for the surrender of such indebtedness at less than par, and if authorized by the by-laws, may assess a charge on the property of the district for the payment thereof. En. March 12, 1872. Funding the indebtedness of reclamation and levee districts under charge of reclamation fund commissioners: Stats. 1872, p. 835. § 3480. Bonds and warrants redeemed may be used by trustees in purchase of land in district. If the trustees of any district referred to in the preceding section redeem the bonds and warrants of such district, they may select any unsold lands therein, and pay for the same with such bonds or warrants at par, and upon such payment the register must issue to them certificates of purchase, and when the lands have been reclaimed they are entitled to patents therefor. Such lands may be sold by the trustees; and if sold, the proceeds must be paid into the fund of the district. En. March 12, 18'i2. §§ 3481-3485 THE PUBLIC LANDS. 784 § 3481. Unreclaimed lands may be set off in separate district. If the owners of lands representing more than two thirds of any body of lands within any reclamation or swamp lanf district, and in which the lands have not been reclaimed, desire to have the said body of lands set off from such district, they must, in addition to the petition required by section three thousand four hundred and forty- six, show to the board of supervisors that the said body of lands is capable of an independent reclamation. En. March 12, 1872. Am'd. 1880, 61. Cal. Rep. Cit. 51, 308; 51, 593; 73, 260; 74, 551; 74, 552; 14, 553; 74, 554; 74, 555; 117. 117; 117, 118; 130. 609; 134, 298; 139, 465; 142, 14; 147, 25. § 3482. Liability of such district for original indebted- ness. The district so set off shall be liable for its just proportion of the legal indebtedness of the original district fi'om which it was set off, when the same shall have been ascertained by law. En. March 12, 1872. Am'd. 1873-4, 142. § 3483. Districts, how designated. All districts organ- ized under this chapter must have a state number, and the register, upon the I'eceipt of a copy of a petition, must number the same, and send their number to the county recorder of the county from which the copy came, and the recorder must number the petition upon record in like manner, and the district must thereafter be known and designated thereby. Districts organized before May twenty-eighth, eighteen hundred and sixty-eight, may re- tain their number. En. March 12, 1872. § 3484. In Sacramento, supervisors may employ clerk. No member of any board of supervisors or any clerk of such board must receive compensation, other than his regular salary, for services performed under this chapter; but the board of supervisors of Sacramento County may employ a clerk to attend to matters pertaining to swamp lands, and pay such clerk by orders on the swamp land fund of the district for which work is performed, not to exceed five dollars for each day he is actually engaged. En. March 12. 1872. § 3485. Payment on land sold for five years or less, when to be made. The balance of the principal on all lands in districts having an outstanding indebtedness, 785 THE PUBLIC LANDS. S9 3486-3488 which Jjave been sold for five years, is payable at once; and on all lands in such districts which have been sold less than five years, the balance is payable on the first of January follov/ing the expiration of five years from the date of sale. En. March 12, 1872. § 3486. Occupants of land on banks of stream liable for damages, when. Any person owning or occupying lands upon the banks of any stream where the lands lying back of such stream are lower than the bank thereof, is re- sponsible for all damages which may be sustained by the owners or occupants of lower lands by reason of any cut or embrasure made in the bank of such stream by the owner or occupant of the bank. En. March 12, 1872. § 3487. Proof in mitigation of damages. If such cuts were made fcr the purpose of irrigation, and headgates and culverts have been made which competent persons consider sufficient to restrain the water, and where great diligence has been made to prevent damage, these facts may be pleaded and proved, in mitigation of damages. En. March 12, 1872. § 3488. Certain lands excepted from the provisions of this chapter. All swamp and overflowed salt-marsh and tide lands within one mile of the state prison at San Quentin, within the city and county of San Francisco, city of Oakland, or within five miles of the corporate limits of either, and tide lands within two miles of any other incorporated cities or towns, are excluded from the opera- tion of this chapter; provided, that the provisions of sec- tions thirty-four hundred and forty-six, thirty-four hun- dred and forty-seven, thirty-four hundred and forty-nine, thirty-four hundred and fifty, thirty-four hundred and fifty- two, thirty-four hundred and fifty-three, thirty-four hundred and fifty-four, thirty-four hundred and fifty-five, thirty- four hundred and fifty-six, thirty-four hundred and fifty- seven, thirty-four hundred and fifty-nine, thirty-four hun- dred and sixty, thirty-four hundred and sixty-one, thirty- four hundred and sixty-two, thirty-four hundred and sixty- three, thirty-four hundred and sixty-five, thirty-four hun- dred and sixty-six, thirty-four hundred and sixty-seven, thirty-four hundred and sixty-eight, thirty-four hundred and seventy-one, thirty-four hundred and seventy-two, thirty- four hundred and seventy-three of this chapter shall be ap- Pol. Code— 5f § 3489 1HE PUBLIC LANDS. T8« plicable to any lands situated within the limits of any mu- nicipality in the state of Calif nia of the first class, namely, having a population of more than one hundred thousand, and tide lands within two miles of any other in- corporated cities or towns which land is subject to overflow or incursions from the tide or inland waters of the state in any manner; and districts may be formed as in said sec- tions provided for the reclamation thereof, and said lands reclaimed thereunder. The duties provided for certain county officers in said sections shall be performed by the officers of such muni- cipality, whatever may be their title, who usually perform like duties. The trustees or the owners indicated in section thirty- four hundred and seventy-three shall have power to let any contract and conduct the operation of reclamation in all respects, and to issue warrants therefor. The lands mentioned and described in an "Act to survey and dispose of certain salt-marsh and tide lands, belong- ing to the state of California," approved March thirtieth, eighteen hundred and sixty-eight, and the act supplemen- tal and amendatory thereto, approved April first, eighteen hundred and seventj% must be disposed of as in such acts provided, which are hereby continued in force. En. March 12, 1872. Am'd. 1889, 344; 1891, 215; 1901, 329. Cal. Rep. Cit. 134, 48. § 3489. Reorganizing and consolidating swamp districts. Swamp land, levee, and reclamation distilcts formed, or- ganized, or erected into districts under special or general laws heretofore or now in force, may reorganize and consolidate in the manner following: Whenever the own- ers of a majority of acres of land in each of two or more swamp land, levee, or reclamation districts, shall desire to consolidate and reorganize, they may do so by filing a notice with the county recorder of the county in which the greatest portion of the land of the districts is situated, setting forth that they desire to consolidate and reorganize The notice must give the exterior boundaries of the said district, the name and number of each of them, the number of acres of land that each contains, and must be signed by the persons owning the majority of acres of land in each district, and shall designate the numlier of acrea owned by each signer in the district in which the same is situated. The county recorder shall record and [said?] 787 THE PUBLIC LANDS. § 3489 notice in a book kept for the purpose of recording papers in relation to swamp land and levee districts. He shall make a certified copy of said notice, and forward the same to the state land register, who shall designate a number for the I'eorganized district, the same as provided for in original organization; after which time the district shall be known as Reclamation District Number , and shall be under the operation and governed by the general recla- mation laws of the state, as provided in "title eight, chapter one," of the Political Code, and the acts amenda- tory thereof; and all proceedings thereafter shall be the same as though said district was organized upon an origi- nal petition and granted by the board of supervisors; pro- vided, however, that such consolidation and reorganization shall in no manner invalidate the indebtedness of the or- iginal districts; and all the laws, rules, and regulations for the assessing, levying and collecting taxes or assessments in said district shall remain and be in full force, and all levies, assessments and collections required for the pay- ment of the then outstanding indebtedness in said dis- tricts, shall be the same as though they had not consoli- dated and reorganized until such indebtedness shall be paid and liquidated. The owners of a majority of acres of land in a compact form, capable of being embraced in a swamp land or reclamation district contiguous thereto and not a part of another district, may, by consent of the trus- tees of such district, have such land embraced within such district, b:'' filing a notice with the county recorder of the county in which such district is organized; the notice must give the exterior boundaries of said land, the number of acres of land therein, as near as may be, and must be signed by the persons owning the majority of acres of land therein; and there shall be attached thereto or in- dorsed thereon a written consent of the trustees of said district that said land be embraced therein. Said notice shall be filed with the county recorder of tue counts' aforesaid, and recorded by him in a book kept for that purpose. From the time of filing of such notice, said land shall become and be held as a part of such district; pro- vided, that the reorganization and consolidation of any two or more districts under the provisions of this act shall not be so construed as to legalize the original or- ganization of any said districts reorganized and consoli- dated under this act; nor shall any indebtedness or any act of any of said districts, or the oflacers thereof, prior ^ ; ",-:30, 34rpl THE PUBLIC LANDS. 78b to the act of reorganization and consolidation, be legalized by this act; provided, further, that no land not included in some of tne original districts shall be included in the reorganization and consolidation without the consent of the owner. Nor shall any land purchased of the United States government be included in the reorganization and consolidation without the consent of the owner thereof, although the said government land may have been in- cluded in some of the original districts. En. Stats. 1873-4, 51. Am'd., 1877-8, 62. Cal. Rep. Cit. 67, 527; 67, 528; 67, 529; 67, 531; 74, 554. Districts formed before code are subject thereto: See Stats, 1885, p. 77. § 3490. Injuries to levees. Any person who shall cul", injure, or destroy any levee or other works of recla nation in any district, is responsible for all damages which may be occasioned thereby to such levee works; and an action therefor must be brought in the superior court of the county, or either of the counties in which such levee or works are situated, in the names of the trustees of the district. If there be no trustees, then the action may be brought in the name of any land owner in the district. The amount recovered in such action must be paid to the treasurer of the county, who must place the same to the credit of the district. En. Stats. 1873-4, 51. Am'd. 1880, 23. Injuries to levees or other works of reclamation by mobs or riots: Post, sec. 4457. Punishment for such and kindred offenses: Pen. Code, sec. 607. § 3491. Election of trustees. In each reclamation dis- trict in this state, formed under this code or any statute, there shall be an election every two years, held at such tim.e and place, in or near the district, and after such notice as the board of supervisors shall direct; provided, that the notice shall not be less than one month, and at such election each bona fide owner of lands in the district shall be entitled to vote in person or by proxy, and shall have right to cast one vote for each one dollar's worth of real estate owned by him or her in the district, the value thereof to be determined from the next preceding assessment roll of the county, and a majority of the votes cast at such election shall elect. In all elections for trustees every owner of real estate shall have the right to cumulate his or her votes, and give one candidate as many votes as the number of trustees to be elected multl- 7S9 THE PUBLIC LANDS. S 3431 plied by the number of dollars' worth of real estate owned by him or her shall equal, or to distribute them on the same principle among as many candidates as he shall think fit. The board of supervisors to which the petition for the formation of the district was presented shall, upon the application of any landholder in the dis- trict, appoint a time and place for holding such election, which election shall be held within sixty days from the time of such application; the place shall in all cases be in or near the district. Notice of such election shall be given by publication for not less than one month in a newspaper in each county in which any portion of the lands of the district are situated, if any newspaper is pub- lished therein, and if not, then in a newspaper having general circulation in such county. The trustees elected under the provisions of section three thousand four hun- dred and fifty-two shall hold oflice until their successors are elected under the provisions of this section. For the purposes of such election the board of supervisors of the county in which the whole or the larger part of the lands of any district are situate, must appoint from the land- holders of the district one inspector and two judges of election, who shall constitute a board of election for such district; but in case the board of supervisors fail to appoint, or the persons appointed fail to attend at the time and place appointed for the election, the voters present at the time and place of opening the polls may appoint the board, or supply the place of an absent member thereof. Each member of the board must, upon entering upon his duties, be sworn to a faithful perform- ance thereof by some oflicer authorized to administer oaths. The board of election must canvass the votes cast and issue certificates of election to the persons elected, and must place the ballots, when canvassed, in an envelope and forward the same, sealed, to the clerk of the board of supervisors. Any legally qualified voter may challenge any vote, and the board of election shall determine, by the 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 elecrion is hereby authorized to administer oaths. The polls shall be open from ten A. M. until four P. M. In case of vacancy in the board of trustees, the board of super- visors shall, by appointment, fill such vacancy. En. Stats. 1880, 60. Cal. Rep. Cit. 143, 329. §§ 3492, 3493 THE PUBLIC LANDS. 790 § 3492. Petition for reclamation district. The holders of title or evidences of title representing one-half or more of any body of swamp and overflowed, salt, marsh, or tide lands, susceptible of one mode of reclamation, and already reclaimed or in progress of reclamation, and not included in any existing reclamation district, who may desire to from a reclamation district for the maintenance, pro- tection, and repair of the reclamation works, in, upon, or appertaining to such body of lands or for the completion of the reclamation thereof, may present a similar petition to that provided in section three thousand four hundred and forty-six. And such proceedings shall thereupon be had in respect to such petition as are provided in respect to other petitions for the formation of reclamation dis- tricts; and if the same be approved, it shall be recorded, and the register shall forward his statement, and by-laws shall be adopted, filed and recorded, and elections called and held in the same manner as is provided in other cases. Such districts, when formed, and the board of trustees thereof, shall have all the rights, immunities, powers, and privileges of other reclamation districts and the boards of trustees thereof. And assessments may be made, appor- tioned, and collected for the maintenance, protection, or repair of such reclamation works or for the completion of such reclamation, in the like manner as is provided for making, apportioning, and collecting assessments in case of other reclamation districts. En. Stats. 1889, 336. Am'd. 1903, 17. § 3493. Dissolution of district. An action may be brought by the attorney-general in the name of the people of this state upon his own information or upon the com- plaint of a private party for the dissolution of a swamp land or reclamation district for a nonuser of its corporate powers. In such action the complaint and summons may be served personally upon a majority of the trustees of such district, or upon the president of the board of trustees. If two or more districts have been formed to include all or a portion of the same lands, they may all be joined in the same action. In any such action, when service of summons has been made upon the defendant or defendants, and the defendant or defendants have appeared or default been entered, the court, upon the application of any of the parties, shall thereupon enter an order fixing a day for hearing, which shall not be less than twenty-five days from the date of the order, and shall, also, enter an order directing notice by publication to be given by the clerk 791 THK PUBLIC LANDs. 5 34W to all persons interested in said district or districts, either as owner or owners of land in said district or dis- tricts or creditors of said district or districts, or otherwise, requiring them to be and appear on the day fixed for the hearing of said cause, if any they have, why the district or districts named in the complaint, as defendant or de- fendants, should not be dissolved. The court shall order the notice to be served by publication in some newspaper of general circulation published in the county where the district or districts are situated, for a period of not less than twenty days. On the day fixed for a hearing or some late date to which the cause may be continued, the court may proceed with the hearing, due proof having been first made of the service of the notice by publication for the length of time required by the order. Any person inter- ested in the district or districts that is defendant or de- fendants shall upon showing his interest be allowed to file an answer or objections to the dissolutions of the de- fendant or defendants, and shall from the filing of said answer or objections become a party defendant, and be entitled to all the rights of a defendant in any civil action. Any vacancy in the board of trustees heretofore or here- after caused by resignation, death, removal from the state, or otherwise, may be filled by the board of supervisors of the county in which the district is situated upon the ap- plication of any person or person owning land in the dis- trict. The appointment of a trustee or trustees to fill a vacancy or vacancies shall not operate to destroy or re- move any cause of action existing before such appointment or appointments were made, against the corporation or dis- trict for non-user of its corporate powers; provided, suit be commenced within one year after the passage of this act. If upon the trial of any such action it be determined by the court: 1. That trustees have not been elected for said corpora- tion within five years prior to the passage of this act. 2. That the trustees have not within five years, prior to the passage of this act, exercised any of the powers of a corporation, or performed any of the duties of trustees. 3. That the corporation is not in debt, or if in debt, that all claims are barred by the statute of limitations, the court shall then enter a decree dissolving the corporation, or make such further order as may be deemed necessary to protect the rights of all parties interested. En. Stats. 1889, 33?. Am'd. 1897, 193. 26 § 31931^ THE PUBI.IC LANDS. 7»:i § 3493'/^. Action to determine validity of assessment. At any time within one j'ear after the filing of the list mentioned in section three thousand four hundred and sixty-two, the board of trustees of the district may. in the name of the - district, commence and prosecute an action in the superior court of the county in which the district is situated, or if the district is situated in different coun- ties, then in the superior court of the county in which the greater portion of the district is situated, to determine the validity of the assessment; and in said action any one or more of the owners of land embraced within the 'district may, at the election of said board of trustees, be made defendants in said action. The summons shall require the defendant or defendants, if more than one, to answer the complaint within ten days after the service of the summons, if served within the state; and if any one of the defendants upon whom service of the summons shall have been made shall fail to answer the complaint within the time specified in the summons, his default shall be entered by the clerk of the court, and judgment shall thereafter be given and made against him, without costs. In any action prosecuted under this section, the court shall decree the validity or invalidity of the assessment in accordance with what the court may determine the facts to he. The plaintiff shall only be required to allege in its complaint that plaintiff is a swamp land or reclamation district, organized and existing under the laws of the state of California, having a board of trustees; that the defend- ant, or defendants, as the case may be; are the respective owners of certain several tracts of land situated in the district; that within one year next preceding the date of the filing of the complaint, the sum of $ (naming the full amount of the assessment) was, by commissioners of assessment duly authorized and empowered therefor, legally assessed upon the lands situated within the district, in the manner required by law; that the list required by sec- tion three thousand four hundred and sixty was filed in office of the county treasurer of County (designating the county in which the district is situated) on the (Jay of , (specifying the date of such filing), or if the district be situated in different counties, then that the original list was filed with the county treasurer of County (designating the county where the petition was filed), and that a copy of said list, certified by the said 793 THE rUi;LIC LA.nJjS. S 3493% commissioners of assessment, was filed with the county treasurer of each of the other said counties (respectively designating the name of each county, and specifying the day and date when such copy of said list was filed with the county treasurer thereof; and that the defendant, or de- fendants, if more than one, dispute and deny the validity of said assessment). The complaint must also separately describe the tract or tracts of land belonging to each of the defendants in the action, designating the name or names of the owners thereof, respectively; and must state the amount assessed upon and against each of said tracts. Any one or more persons owning land embraced within the district who shall not have been made a defendant or defendants originally in the action may, at any time before the trial of the action (and without applying to the court for leave), voluntarily submit themselves, re- spectively, to the jurisdiction of the court in the action, by filing their respective answers therein, and serving cop- ies thereof upon the plaintiff's attorneys; and the judg- ment thereafter given and made in the action shall be as conclusive and as binding upon each of them, respectively, and their respective executors, administrators, heirs an-d assigns, as it would have been had they been made defend- ants in the action originally, and service of the summons had been duly made upon them as original defendants therein. If any defendant contests the validity of the as- sessment, he shall set forth in his answer wherein the assessment is illegal, and his answer must be verified. Neither the commencement nor the prosecution of an action under the provisions of this section shall be a bar to or prevent the commencement or the prosecution of an action brought under other provisions of the code for the recovery of money assessed upon the lands situated in any reclamation district; but the judgment given and made in the action brought under the provisions of this section shall be conclusive between the parties thereto as to the validity or invalidity of the assessment; and all actions prosecuted under the provisions of this section shall be tried without unnecessary delay, and shall have precedence of all other actions, except probate and criminal actions. En. Stats. 1893, 208. Cal. Rep. Cit. 117, 166; 124, 176; 124, 177. §§ 3494, 3495 THE PUBLIC LA..DS. 7ri1 ARTICLE III. SCHOOL LANDS. 5 -194. School lairds; price; payment, when to be made. § 3495. Affidavit on application to purchase. g 3496. Affidavit, when applicant is a female. § 3497, Occupants protected. § 3498. Applications must not be approved for ninety 'days. § 3499. Contest, how determined. § 3500. Applications for other than 16th and 36th sections. § 3501. Affidavit, when female is an applicant. § 3502. Land warrants received in payment. § 3503. Relinquishment of state title. § 3494. School lands; price; payment, when to be made. The unsold portion of the five hundred thousand acres granted to the state for school purposes, the sixteenth and thirty-sixth sections, and lands selected in lieu thereof, must be sold at the rate of one dollar and twenty-five cents ($1.25) per acre, in gold coin, payable, twenty per cent of the principal within fifty days from the date of the certificate of location issued to the purchaser; the bal- ance, bearing interest at the rate of seven per cent per annum, in advance, is due and payable within one year after the passage of any act by the legislature requiring such payment, or before, if desired by the purchaser. En. March 12, 1872. Am'd. 1880, 58. Cal. Rep. Cit. 64, 46; 67, 6; 67, 7; 77, 205; 77, 207; 77. 208. School lands: Ante, sees. 3398, 3406-3409. Act providing for applications for purchase: See Gen- eral Laws, title School Lands. § 3495. Affidavit on application to purchase. Any per- son desiring to purchase any portion not less than the smallest legal subdivision of any of the lands mentioned in section thirty-four hundred and ninety-four, situated in any township which has been surveyed by the United States, must make an affidavit that he is a citizen of the United States, or has filed his intention to become such, a resident of this state of lawful age, that he desires to purchase such lands (describing the same by legal sub- divisions) under the provisions of this title; that there is no occupation of such lands adverse to any that he has, or if there is an adverse occupation the affidavit must show that the township has been sectionized three months, and that the adverse occupant (giving his name) has 795 THE PUBLIC LANDS. 9 3495 been in such occupation more than sixty days since the plat was filed in the United States land office; that he de- sires to purchase the same for his own use and benefit, and for the use or benefit of no other person or persons whomsoever, and that he has made no contract or agree- ment to sell the same. The affidavit must also state whether the land is or is not suitable for cultivation, and if it is, that the applicant is an actual settler thereon, and that he has not entered any portion of any lands men- tioned in section thirty-four hundred and ninety-four,, which, together with that now sought to be purchased, exceeds three hundred and twenty acres; but if the land is not suitable for cultivation the affidavit must further state that the applicant has not entered any portion of such lands, which, together with that now sought to be entered, exceeds six hundred and forty acres. Lands un- suitable for cultivation may be sold in quantities not ex- ceeding SIX hundred and forty acres to any one person, under the restriction other than as to actual settlement prescribed for the sale of cultivable lands. The surveyor- general and register of the land office must make and enforce all necessary rules and regulations to prevent the sale of school lands suitable for cultivation to any person not an actual settler thereon; provided, that any smallest legal subdivision of school lands shall be deemed suitable for cultivation if any. part not less than one half of its area will, without artificial irrigation, but with or without the clearing of timber or other growth therefrom, by the ordinary processes of tillage, produce ordinary agricultural crops in average quantity; and provided, that any contest of the applicant's right to purchase, arising from the character of the land as cultivable or other- wise, may be referred to the superior court of the proper county, as in other cases, for determination; and pro- vided further, that no contest of the applicant's right to purchase, arising from adverse occupation, shall be main- tained, except by a prior adverse occupant, who shall have filed an application to purchase the land under the provisions of this section, and no occupation of land by a person other than the applicant shall be an adverse occupation within the meaning of this section, unless such occupation is by a person who is entitled to pur- chase the same under the provisions hereof, and who files his application therefor within the time prescribed by section thirty-four hundred and ninety-seven of this §§ 3496-3498 THE PUBLIC LANDS. 791' code. En. March 12, 1872. Am'd. 1880, 109; 1885, 207; 1897, 4oO. Cal. Rep. Cit. 51, 111; 55, 398; 67, 6; 68, 270; 68, 507; 68, 508; 68, 511;- 71, 211; 71, 321; 72, 30; 72, 31; 76, 120; 76, 177; 76, 188; 76, 189; 77, 37; 77, 398; 78, 516; 82, 141; 82, 517; 82, 572; 82, 574; 82, 650; 90, 44; 90, 47; 101,521; 101,522; 102,419; 111,399; 111,400; 136, 495; 146, 542. Rights of oQCupant: See post, sec. 3497. § 3496. Affidavit, when applicant is a female. If the applicant is a female, the aflidavit must show that she is entitled to purchase and hold real estate in her own name. En. March 12, 1872. § 3497. Occupants protected. Every occupant of a six- teenth or thirty-sixth section is protected in his occupancy for three months after the township has been sectionized; and any person settling upon a sixteenth or thirty-sixth section after a township has been sectionized has sixty days after such settlement in which to file the application required in the preceding section. En. March 12, 1872. Cal. Rep. Cit. 68, 510; 72, 31. Bona fide settlers preferred purchasers: Stats. 1874, p. 543. Tract reserved from sale: Stats. 1876, p. 679. Act to legalize applications approved March 27, 1872; Stats. 1871-2, p. 622. Act for relief of purchasers of state land: Approved March 27, 1872; Stats. 1871-2, p. 587. Am'd. 1877-8, p. 914. § 3498. Applications must not be approved for ninety days. All applications, under whatsoever act, filed in the office of the surveyor-general, must be retained ninety days before approval, and must be approved (when there is no conflict) by the surveyor-general, at the expiration of six months, subject, however, to the provisions of sections three thousand four hundred and six and three thousand four hundred and seven of this code, and all unapproved applications, which have been on file over six months, wherein the approval has not been demanded, and wherein the contest has not been referred to court, or a demand made for an order of reference, as provided 797 THE PUBLIC LANDS. §§ .489-^502 in section Ihirty-four hundred and fourteen of the Poli- -tical Code shall be null and void. En. March 12, 1872. Am'd. 1885, 139. Cal. Rep. Cit. 54. 632; 54, 633; 77, 578; 81, 605; 98, 275; 133, 543; 133, 544. Disposition of contest: Ante, sees. 3414-3417. § 3499. Contests, how determined. If two or more claim the same land, the contest must be determined as provided in article I of this chapter; but no person has a right to purchase by reason of any settlement or improvement, unless application is made withip the time above pre- scribed. En. March 12, lb/2. Cal. Rep. Cit. 136, 494. Contests: Ante, sec. 3414. § 3500. Applications for other than 16th and 36th sec- tions. Any false statement contained in the affidavit provided for in section three thousand four hundred and ninety-five, defeats the right of the applicant to purchase the land, or to receive any evidence of title thereto, and, if willfully false, subjects him also to punishment for perjury. Timber lands belonging to this state shall be sold for cash only, and the surveyor-general and register of the state land office must make and enforce all neces- sary rules and regulations to prevent the sale of or issu- ance of any evidence of title to any timber lands of this state, except on payment in cash, of the full price fixed therefor by law. En. March 12, 1872. Am'd. 1880, 110; 1885, 208. Cal. Rep. Cit. 67, 6; 67, 7; 76, 189; 77, 535; 78, 8; 83. 110; 91, 116; 101, 521; 101, 522; 121, 508; 136, 495. § 3501. Affidavit, when female is an applicant. If the applicant is a female, the affidavit must also show that she is entitled to purchase real estate in her own name. En. March 12, 1872. § 3502. Land warrants received in payment. School land warrants issued by authority of the state are re- ceivable in "payment of the purchase money of any part of the five hundred thousand acres of land granted to the state for school purposes. Such payment must lie made §§ 3503, 3512 THE PUBLIC LANDS. 7as to the register and the warrants canceled before the cer- tificate of purchase is issued. En. March 12, 1872. Cal. Rep. Cit. 77, 207. Act for presentation and cancellation of unlocated school warrants: See Stats. 1893, p. 181. § 3503. Relinquishment of state title. In all cases where any person has purchased any part of a sixteenth or thirty-sixth section from the United States, or shall hereafter make such purchase, or shall be an actual set- tler on any sixteenth or thirty-sixth section, and entitled to a pre-emption thereto under the laws of the United States, for which lands this state has received indemnity, or will or would be entitled to indemnity under the laws of the United States, the right of the state to such sixteenth and thirty-sixth sections, or parts thereof, are relinquished to the United States for the use of such purchasers ar d their assignees, and of such pre-emptors. When any person who is in good faith a settler upon any such lands, fails to acquire a title thereto from the United States, he may, within six months after such failure, ap- ply to the state to purchase the same, and his application shall have preference over all other applications for the purchase of such lands. En. Stats. 1873-4, 52. Act to protect bona fide settlers on public land: See act approved March 23, 1874; Stats. 1873-4, p. 543. ARTlCLij: IV. PAYMENTS, CERTIFICATES OP PURCHASE, AND PATENTS. § 3512. Payments, how made. § 3513. Failure to pay lo work forfeiture. § 3514. Certificate of purchase. Evidence of title. § 3515. Certificates of purchase may be sold. § 3516. Sale to be recorded. § 3517. Compensation of recorder. § 3518. Duplicate for lost certificate of purchase. § 3519. Regi.ster to prepare patents, when. § 3520. Patent, how executed. § 3521. When to issue. § 3522. Patents to be recorded and delivered. § 3523. Effect of patent issued to deceased persons. § 3512. Payments, how made. Whenever any survey or location has been made or approved, the purchaser must, within fifty days from the date of approval or lo- 799 THE PUBLIC LANDS. §§ 3513-3515 cation, present his copy of the same to the county treas- urer of *he county in which the land, or some part thereof, is situated, who must receive the amount *^o be paid, and the fee for the certificate of purchase, indorsing his re- ceipt therefr • upon the certificate of location or survey, and returning it to the purchaser. En. March 12, 1872. Effect of nonpayment: See next section. § 3513. Failure to pay to work forfeiture. In case payment is not made within fifty days, the lands de- scribed in the survey or location revert to the state without suit, and the survey or location is void. All subsequent payments must be made to the county treas- urer, in like manner, who must indorse the same upon the certificate. The treasurer must direct the purchaser to take the certificate so indorsed to the auditor, who must charge the treasurer with the amount received, and make his check upon the indorsed receipt. En. March 12, 1872. Annulling certificate for nonpayment: See post, sec. 3548. § 3514. Certificate of purchase. Evidence of title. Whenever the register receives from the county treasurer a statement showing that an applicant for state lands has made the first payment, he must issue to the person entitled thereto a certificate of purchase, showing the class of land purchased, the number of acres, the price per acre, the date of payment, the date from which in- terest is to be computed, the amount paid, and the amount remaining unpaid, which certificate is prima facie evi- dence of title. En. March 12, 1872. Am'd. 1873-4, 52. Cal. Rep. Cit. 78, 8; 90, 156; 96, 209; 98, 403. Prima facie evidence, definition of: Code Civ. iProc, sec. 1833. Act respecting payment in full by holders of certificate: See General Laws, title State Lands. § 3515. Certificates of purchase may be sold. Certifi- cates of purchase, and all rights acquired thereunder, are subject to sale, by deed or assignment, executed and acknowledged before any officer authorized by law to take acknowledgments of conveyances of real property, or before the register. En. March 12, 1872. Cal. Rep. Cit. 73. 362; 84, 504; 106, 363; 115, 335. §§ 3316-3519 THE PUBLIC LANDS. KOO Certificate of purchase, primary evidence of title: Code Civ. Proc, sec. 1925. § 3516. Sale to be recorded. All such sales must, when the deed or assignment is recorded by the county recorder, be reported by him to the register, to be entered in the books of his office. En. March 12, 1872. Cal. Rep. Cit. 106, 363. § 3517. Compensation of recorder. The recorder is en- titled to receive from the purchaser, for making such report, a fee of fifty cents. En. March 12, 1872. § 3518. Duplicate for lost certificate of purchase. If the owner of a certificate of purchase claims that it has been lost, destroyed, or is beyond his control, the register must take testimony concerning the loss, destruction, or reason why the same is beyond his control. But the party must, before the hearing, make affidavit that he has not sold the said certificate of purchase, or the land described therein, and must publish a notice in some newspaper in the county where the land is situated, or if there is no newspaper published in the county, then in some newspaper of general circulation in the county, for at least four weeks, describing the certificate and the lands for which the same was issued, stating the name of the person to whom the same was issued and the per- son then claiming to own it, together with the time and place of the hearing. If the register is satisfied of the loss or destruction of the certificate, or that it is beyond the control of the person owning the same, he must issue to the owner thereof a duplicate, with the word "Dupli- cate" written across the face thereof in red ink. Such duplicate shall have the same force and effect as the original. If there is a contest as to the issuing of a duplicate certificate, the register may hear and determine the same, or may refer it to the proper court, as provided in section thirty-four hundred and fourteen. En. Marcli 12, 1872. Am'd. 1873-4, 53. Cal. Rep. Cit. 73, 362; 73, 363; 73, 364. § 3519. Register to prepare patents, when. Whenever final payment has been made for any tract of land, the selection of which has been accepted and approved by m TliE PUBLIC LANDS. §§ 3520-35:^3 the United States authorities, or when the tract finally paid for or reclaimed is swamp and overflowed, salt marsh, or tide lands, the register, upon the surrender of the certificate of purchase by the person entitled to the. same, must prepare a patent lor the laud, and send it to the governor, together with a certificate that the laws in re- lation thereto have been complied with, that payment in full has been made, and that the party named in the pre- pared patent is entitled to it. En. March 12, 1872. Cal. Rep. Cit. 73, 362; 81, 89; 112, 315; 115, 335. § 3520. Patent, how executed. The patent must then be signed by the governor, attested by the Secretary of State, sealed with the great seal of the state, and be countersigned by the register. En. March 12, 1872. § 3521. When to issue. No patent must issue until after the expiration of one year from the date of approval of the survey or location by the surveyor-general, nor until the lands are relinquished to the state by authority of the general land office at Washington. Such relinquish- ment is not required for locations of the sixteenth and thirty-sixth sections in place, or for swamp and over- flowed lands, shown to be such by the official surveys made by authority of the United States surveyor-general. En. March 12, 1872. § 3522. Patents to be recorded and delivered. The register must record all patents in books to be kept in his office for that purpose, and then deliver them to persons entitled thereto. En. March 12, 1872. § 3523. Effect of patent issued to deceased persons. Where a patent for lands is issued in the name of a de- ceased person, the title is vested in the heirs, devisees, or assignees of such person, in the same manner as if the patent had issued to such person during life. En. March 12, 1872. Pol. Code— 51 §§ 3533-3536 THE PUBLIC LANDS. SOA ARTICLE V. SELECTION AND SALE OF UNIVERSITY LANDS. § 3533. Regents to select and sell certain lands. § 3534. Land agent of university, duty of. § 3535. Certain moneys to be paid out. § 3536. Purchasers who have not paid up. § 3533. Regents to select and sell certain lands. The regents of the university may order the selection of the one hundred and fifty thousand acres of land granted to the state for the use of an agricultural college, and dis- pose of the same at the price and in the manner fixed by them. En. March 12, 1872. Cal. Rep. Cit. 68, 476; 71, 116. Selection and sale of university lands, act concerning: Stats. 1874, p. 356. Am'd. 1880, 36. § 3534. Land agent of university, duty of. The land agent of the university, as the agent of the state, must select the lands according to the instructions of the board, and issue ceriflcates of purchase and patents to pur- chasers who comply with the conditions fixed by the board; and the regents must invest all moneys accruing from the sale of lands as they may deem best, subject to the conditions of the act of Congress granting such lands. En. March 12, 1872. Cal. Rep. Cit. 68, 476; 71, 116; 123, 618. § 3535. Certain moneys to be paid out. All moneys, securities, or other properties arising from the sale of the seventy-two sections granted to the state for a semi- nary of learning, and from the' sale of the ten sections granted to the state for the erection of public buildings, must be paid out of the state treasury on the order of the regents of the university. En. March 12, 1872. § 3536. Purchasers who have not paid up. All persons who have purchased any portion of either of the grants mentioned in the preceding section, and who have not paid in full therefor, must be included in the delinquent list, and the district attorney must proceed against such delinquents as provided in sections 3547 and 3548, and the provisions of sections 3548 to 3556, inclusive, are made applicable to such proceedings. If such lands re- vert to the state, they pass under the control of and may 803 THE PUBLIC LANDS. §§ 3546-3a48 be sold by the board of regents of the university. En. March 12, 1872. ARTICLE VI. PROCEEDINGS AGAINST DELINQUENT PURCHASERS. § 3546. Register to furnish statement of delinquents. § 3.347. Delinquent purchasers, and proceedings against. § 3548. Same. § 3549. Service of summons. § 3550. Copy of decree to be filed. § 3551. When purchaser may be restored to rights. § 3552. When judgment binds assignee. § 35.53. Compensation of district attorney. § 3554'. After filing 'decree, land subject to sale. § 3555. Costs of suits taxed and collected. § 3556. Subsequent purchasers may defend, etc. § 3546. Register to furnish statement of delinquents. The register must, on the first day of May of each year, forward to the district attorney of each county a statement embracing all the lands in the county upon which pay- ments have not been made, which statement must show the name of the purchaser, the number and date of the survey or location, and of the certificate of purchase, the amount paid, the amount unpaid,, and the amount then due. No lands within any reclamation district milst be em- braced in such statement after the receipt by the register of the certificate of the board of supervisors that works of reclamation have been commenced. En. March 12, 1872. Cal. Rep. Cit. 58, 125; 131, 549. § 3547. Delinquent purchasers, and proceedings against. Upon receipt of the delinquent list, the district attorney must add thereto a notice that if the amount due is not paid in fifty days after the date thereof he will commence suit to foreclose the interest of purchasers in the lands, and must publish the list and notice for four weeks imme- diately following the date of the notice, in a newspaper published in the county, or if there is no newspaper pub- lished therein, then he must post copies of the same in at least five public places in the county. En. March 12, 1872. § 3548. Same. After the expiration of the fifty days, he must, in the name of the people of the state of Cali- fornia, commence actions in the superior court against all purchasers, or holders of certificates of purchase, who have not either paid the amount due, together with the §§ 3549-3553 THE PUBLIC LANDS. W4 cost of publication, or surrendered the title to the state, as provided in section three thousand five hundred and seventj', to obtain a judgment of foreclosure of the interest of the purchaser, or assignee of the purchaser in the land, and to annul the certificate of purchase. En. March 12, 1872. Am'd. 1880, 110. Cal. Rep. Cit. 106, 363; 115, 333. Compare: Ante, sees. 3441-3498. § 3549. Service of summons. Service of the summons in such action may be made by publication in some news- paper published in the county for four weeks, or if no newspaper is published in the county, then by posting one copy of the summons for four weeks at the courthouse door of the county, and two copies in public places in the tow.nship where the land is situated. En. March 12, 1872. Cal. Rep. Cit. 101, 573; 103, 453; 107, 544; 107, 545; 144, 423; 144, 424. § 3550. Copy of decree to be filed. Twenty days after ihe entry of judgment the district attorney must file in the ofiice of the register, and in the recorder's office of the county in which the land is situated, certified copies there- of. En. March 12, 1872. Cal. Rep. Cit. 115, 333; 144, 425. § 3551. When purchaser may be restored to rights. The holder of the certificate of purchase may, at any time before such filing, pay to the sheriff the amount due the state, and the costs of suit that have accrued up to the time of payment; whereupon the district attorney must dis- miss the suit or vacate the judgment, an-d the purchaser or holder of the certificate of purchase is restored to his rights in the premises. En. March 12, 1872. Cal. Rep. Cit. 144, 425. § 3552. When judgment binds assignee. A judgment against the purchaser binds the assignee, unless the notice of the assignment was filed with the register before the commencement of the action. En. March 12, 1872. § 3553. Compensation of district attorney. The district attorney is entitled to receive ten dollars for each suit brought, to be taxed as costs. En. March 12, 1872. Cal. Rep. Cit. 71, 120; 131, 549; 131, 551; 135, 516; 145, 50; 145, 51; 145, 53. 805 THE PUBLIC LANDS. §§ 3554-3556 § 3554. After filing decree, land subject to sale. After judgment foreclosing the interest of the purchaser or the holder of the certificate has been entered, and the certified copies filed, the land is again subject to entry and sale. En. March 12, 1872. Cal. Rep. Cit. 71, 120; 106, 363. § 3555. Costs of suits taxed and collected. Upon the rendition of a judgment foreclosing the interest of the purchaser or of his assigns in the land, and anqulling the certificate of purchase, judgment for costs must be entered against the defendant; but if execution issued thereon is returned not satisfied, the judgment and costs must be paid from the principal or interest paid by the purchaser at the time of the original location. En. March 12, 1872. Act to enable purchasers to redeem the land: See act approved March 7, 1881; Stats. 1881, p. 65. § 3556. Subsequent purchasers may defend, etc. Any person haying a conveyance of the whole or any portion of the lands described in any certificate of purchase, to annul which suit has been commenced, but to whom the certificate has never been surrendered, may defend such action; and if it appears to the court that he is entitled to any portion of the lands described, and the holder of such certificate does not pay the amount due, the court must order the certificate annulled and a new one to issue to such person upon payment into court by him of the amount due the state upon the whole tract; and such person is thereupon entitled to two certified copies of the decree, one of which he must file in the county recorder's oflice, and the other with the register. En. March 12, 1872. Cal. Rep. Cit. 131, 549. §§ 356S-3569 THE PUBLIC L,A^^DS. WW ARTICLE VII. MISCELLANEOUS PROVISIONS RELATING TO PUBLIC LANDS. § 3566. Duplicates for lost or defaced land warrants. § 3567. Same. § 356S. Same. § 35S9. Same. § 3570. Abandonment of entry or location, how made. § 3571. If lands sold are not the property of the state. § 3572. ^Same. § 3.573. Certain applications made valid. § 3574. Pees on application. § 3566. Duplicates for lost or defaced land warrants. Any person making application for a duplicate school lanri warrant, in lieu of one lost or destroyed, must make proof by aflBdavit to the register that he is the owner of such warrant, that it has not been located, and of the facts establishing the loss or destruction thereof, and must file with the register a bond, with two or more sureties, to be approved by the register, payable to the state of California, in double the value of the warrant, conditioned that the warrant will not be presented for location. En. March 12, 1872. § 3567. Same. When for want of a proper acknowl- edgment of an assignment of the original land warrant, or partial destruction or defacement thereof, or for any other cause, it cannot be made available, the applicant must prove that he is the owner of the warrant, and that it has3 not been located, and must file the original for cancella- tion with the register. En. March 12, 1872. § 3568. Same. The register must certify that the 'ap- plicant is entitled to a duplicate warrant in lieu of the one proved to have been lost or destroyed or presented for cancellation, and upon presentation of such certificate to the governor he must deliver to the applicant a dupli- cate warrant bearing the same number as the original warrant, with the word "Duplicate" written across the face thereof, which duplicate has the same force and effect as the original. En. March 12, 1872. § 3569. Same. The register must not give the certifi- cate until he is satisfied that the original has not been located, or, if located, that the lands have not been and will not be charged by the federal government as part 807 THE PUBLIC LANDS. §§ 3570-35 H of the five hundred thousand acres of land granted to this state. En. March 12, 1872. § 3570. Abandonment of entry or location, how made. "Whenever a purchaser of land upon credit desires to abandon the location or entry made by him, he may do so by conveyance of his title to the state and surrender of the certificate of purchase, or, if it has been lost, by filing an afiidavit of that fact with the register. En. March 12, 1872. Forfeiture for non-payment of installments: See ante, sec. 3513. § 3571. If lands sold are not the property of the state. If any land sold is not the property of the state the holder of the certificate of purchase or patent may receive in exchange therefor from the register a certificate showing the amounc paid and the class of land upon which the payment was made. En. March 12, 1872. Cal. Rep. Cit. 57, 558; 58, 248; 63, 248; 63, 249; 74, 399. § 3572. Same. If the land sold was swamp and over- fiowed the county auditor of the county in which the land is situated must, upon the surrender to him of the cer- tificate mentioned in section three thousand five hundred and seventy-one, draw his warrant in favor of the person surrendering such certificate for the amount therein speci- fied, upon the treasurer of the county, who must pay the same out of the swamp and overflowed land fund of the district in which the land is situated. If the land sold was not swamp and overflowed, the controller of state, upon the surrender to him of such certiflcate, must draw his warrant in favor of the person surrendering the same, for the amount therein specified, upon the treasurer of state, who must pay the same out of the fund into which the purchase money was paid. En. March 12, 1872. Am'd. 1877-8, 63. Cal. Rep. Cit. 63, 249; 74, 399. § 3573. Certain applications made valid. All applica- tions made prior to March twenty-fourth, eighteen hun- dred and seventy, for the purchase of lands under the provisions of "An act to provide for the management and sale of lands belonging to the state," approved March twenty-eight, eighteen hundred and sixty-eight, if there §§ 3574, 3584 YOSEMITE VALLEY AND MARIPOSA GROVE. 80!j was not, on the twenty-fourth day of March, eighteen hundred anri seventj^ two or more applicants for the pur- chase of, or conflicts between claimants of, the same land, -■" the purchase has been completed and patent issued, are valid, although the aflBdavits on which such applications were based are neither in form nor sub- stance in compliance with the provisions of such act. En. March 12, 1872. Am'd. 1893, 116. Cal. Rep. Cit. 99, 460. § 3574. Fees on application. Each application for lands must be accompanied by a fee of five dollars, and no application shall be received, filed, or noted in any way until such fee is paid. The surveyor-general shall charge the same fees as are allowed the register for like ser- vices; and al. fees collected by either the surveyor-general or register shall be paid into the state treasury on the first Monday of each and every month, and placed to the credit of the general fund; and said officers shall, on the first Monday of each month, make a written report to the state controller, stating the amount of fees so paid, together with the sources from which they were derived, and the several amounts, by items. The sur- veyor-general and register, whenever it may be necessary, may purchase such maps and records as the needs of their office may demand, but all claims against the state, authorized by this section, shall be certified to the state board of examiners, and if the same be allowed, the board shall direct the controller of state to draw his warrant in payment of the same, payaule out of the general fund. En. March 12, 1872. Am'd. 1873-4, 53; 1875-6, 57. Cal. Rep. Cit. 55, 307; 61, 55; 139, 626. CHAl PER II. THE YOSEMITE VALLEY AND MARIPOSA BIG TREE GROVE. § 3584. Commissioners to manage. § 3585. Guardian and his compensation. § 3BS6. Report of commissioners. § 3584. Commissioners to manage. The governor of this state and the eight other commissioners appointed by the governor on the twenty-eighth day of September, eighteen hundred and sixty-four, in accordance with the 809 STATE BURYING GROUNDS. §§ 35ko-3iS« terms of an act of congress entitled an act authorizing a grant to the state of California of the Yosemite Valley and of the land embracing the Mariposa Big Tree Grove, approved June thirteenth, eighteen hundred and sixty- four, constitute a board to manage such premises. Any va- cancy occurring in the board may be filled by the appoint- ment of the governor. The commissioners are known as "The Commissioners to manage the Yosemite Valley and the Mariposa Big Tree Grove," and under such name they and their successors may sue and be sued and have full power to manage and administer the grant made and the trust created by the act of congress, and to make and adopt all rules, regulations, and by-laws for their own governm^" and the government. Improvement and preser- vation of such premises. En. March 12, 1872. Commissioners, nine in number, are civil executive offi- cers: Ante, sec. 343. Special laws relating to Yosemite Valley: See General Laws, titl*^ Yosemite Valley. § 3583. Guardian and his compensation. They may ap- point a guardian of the premises, removable at their pleasure, who must perform such duties as they may pre- scribe, and may receive such compensation as they may fix, not to exceed five hundred dollars per annum. En. March 12, 1872. § 3586. Report of commissioners. The commissioners must make a report of their proceedings and of the con- dition of the premises thi'ough the governor, to the legis- lature, at every regular session thereof. En. March 12, 1872. CHAPTER III. STATE BURYING GROUNDS. § 3590. Title vested In state. Who may be interred. § 3ri97. Duties of trustees § 3596. Title vested in state. Who may be interred. The fee to the state burying ground, in the city cemetery of the city of Sacramento, is in the people of the state of California, and there may be interred therein any person who, at the time of his death, was a state officer or a mem- ber of the senate or assembly. En. March 12, 1872. §§ 3597, 3607 PROPERTY LIABLE TO TAXATION. 8l« § 3597. Duties of trustees. The board of trustees of the state burying ground have the control and manage- ment of the grounds and the expenditure of all moneys appropriated for the maintenance or improvement thereof. En. March 12, 1872. Trustees of state burying ground, number of: Ante, sec. 343. Are civil executive officers: Ante, sec. 343. Are appointed by govei^nor with consent of senate: Ante, sec. 368. TITLE IX. REVENUE. Chapter I. Property Liable to Taxation, §§ 3607-3611. II. Definitions, § 3617. III. Assessment of Property, §§ 3627-3671. IV. Equalization of Taxes, §§ 3672-3705. V. Levy of Taxes, §§ 3713-3719. VI. Duties of the Auditor in Relation to Revenue, §§ 3727-3739. VII. Collection of Property Taxes, §§ 3746-3819. VIII. Collection of Taxes by the Assessor on Certain Personal Property, §§ 3820-3831. IX. Poll Taxes, §§ 3839-3862. X. Settlements with the Controller and Payments into State Treasury, §§ 3865-3880. XI. Miscellaneous Provisions, §§. 3881-3900. (General Citation of Title, 147, 654.) CHAPTER I. PROPERTY LIABLE TO TAXATION. § 3607. Property subject to taxation. § 3608. Shares of stock in corporations. § 3609. Shares ol national bank.s. § 3610. Shares of national banks. § :!611. Exemption of church property. § 3607. Property subject to taxation. All property in this State, not exempt under the laws of the United States, excepting fruit and nut bearing trees under the age of four years from the time of planting in orchard form, and grapevines under the age of three years from the tinie of planting in vineyard form, growing crops, SU PROPERTY LIABLE TO TAXATION. 8 3608 property used exclusively for public schools, free public libraries, and free museums, and such as may belong to the United States, this state, or to any county or municipal corporation Avithin this state, is subject to taxation, as in this code provided; but nothing in this code shall be con- strued to require or permit double taxation. En. March 12, 1872. Am'd. 1880, 5; 1881, 56; 1895, 306. Cal. Rep. Cit. 62, 115; 67, 111; 99, 675; 108, 193; 134, 480; 137, 524. What objects may be taxed: See post, sec. 3617. All property subject to taxation.— "Real estate" includes what: See post, sec. 3617. "Property" defined: See post, sec. 3617. Property subject to taxation, meaning of term property in this connection: Sec. 3617, subd. 1. Act establishing tax on collateral inheritance: See Gen- eral Laws, title Taxation. Act imposing tax on issue of certificate of stock, re- pealed: See General Laws, title Taxation. Exemptions in this section, growing crops. The exemp- tions here enumerated conform to Const. Cal., art. XIII, sec. 1. Public schools. Constitutional authority for this exemp- tion: Art. XIII, sec. 1; and see ante, sees. 1817-1861. The taxing of the property of a corporation, as well as the shares of the stock, is expressly declared to be double taxation: Post, sec. 3608. § 3608. Shares of stock in corporations. Shares of stock in corporations possess no intrinsic value over and above the actual value of the property of the corporation which they stand for and represent; and the assessment and taxation of such shares, and also all the corporate property, would be double taxation. Therefore, all prop- erty belonging to corporations, save and except the prop- erty of national banking associations not assessable by federal statute, shall be assessed and taxed. But no as- sessment shall be made of shares of stock in any cor- poration, save and except in national banking associations, whose property, other than real estate, is exempt from assessment by federal statute. En. Stats. 1881, 56. Am'd. 1899, 96. Cal. Rep. Cit. 62, 115; 62, 117; 62, 118; 116, 22; 116, 23; 116, 28; 116, 31; 142, 282; 142, 284; 142, 285; 142, 286. §§ 3609, 3610 PROPERTY LIABLE TO TAXATION. 812 § 3609. Shares of national banks. The stockholders in every national banking association doing business in this state, and having its principal place of business located in this state, shall be assessed and taxed on the value of their shares of stock therein; and said shares shall be valued and assessed as is other property for taxation, and shall be included in the valuation of the personal prop- erty of such stockholders in the assessment of the taxes at the place, city, town, and county where such national bank- ing association is located, and not elsewhere, whether the said stockholders reside in said place, city, town, or county, or not; but in the assessment of such shares, eacL stock- holder shall be allowed all the deductions permitted bj law to the holders of moneyed capital in the form of solvent credits, in the same manner as such deductions are allowed by the provision of paragraph six of section thirty-six hundred and twenty-nine of the Political Code of the state of California. In making such assessment to each stock- holder, there shall be deducted from the value of his shares of stock such sum as is in the same proportion to such value as the total value of its real estate and property exempt by law from taxation bears to the whole value of all the shares of capital stock in said national bank. And nothing herein shall be construed to exempt the real estate of such national bank from taxation. And the assessment and tax- ation of such shares of stock in said national banking as- sociations shall not be at a greater rate than is made or assessed upon other moneyed capital in the hands of indi- vidual citizens of this state. En. Stats. 1899, 96. § 3610. Shares of national banks. The assessor charged by law with the assessment of said shares shall, within ten days after he has made such assessment, give written notice to each national banking association of such assess- ment of the shares of its respective shareholders; and no personal or other notice to such shareholders of such as- sessment shall be necessary for the purpose of this act. And in case the tax on any such stock is unsecured by real estate owned by the holder of such stock, then the bank in which said stock is held shall become liable therefor; and the assessor shall collect the same from said bank, which may then charge the amount of the tax so collected to the account of the stockholder owning such stock, and shall have a lien, prior to all other liens, on his said stock, and the dividends and earnings thereof, for the re- imbursement to it of such taxes so paid. En. Stats. 1899, 97. 813 DEFINITIONS RELATING TO PROPERTY. §§ 3611, 3617 § 3611. Exemption of church property. All buildings, and so much of the real property on which they are sit- uated as may be required for the convenient use and oc- cupation of said buildings, when the same are used solelj' and exclusively for religious worship, shall be free from taxation; provided, that no building so used which may be rented for religious purposes and rent received by the owner therefor shall be exempt from taxation. That any person claiming property to be exempt from taxation un- der this section shall make a return thereof to the assessor annually, the same as property is listed for taxation, and shall accompany the same by an affidavit showing that the building is used solely and exclusively for religious worship, and that the described portion of the real prop- erty claimed as exempt is required for the convenient use and occupation of such building, and that the same is not rented for religious purposes and rent received by the owner therefor. En. Stats. 1903, 21. CHAPTER II. DEFINITIONS. § 3617. Definition of terms and words. § 3617. Definition of terms and words. Whenever the terms mentioned in this section are employed in this act, they are employed in the senses hereafter affixed to them: First — The term "property" inclu'des moneys, credits, bonds (except of railroad or quasi-public corporations), stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership. Second — The term "real estate" includes: 1. The possession of, claim to, ownership of, or right to the possession of land. 2. All mines, minerals, and quarries in and under the land, all timber belonging to individuals or corporations, growing or being on the lands of the United States, and all rights and privileges appertaining thereto. 3. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, when land is pledged for the payment and discharge thereof, shall, for the purpose of as- sessment and taxation, be deemed and treated as an inter- est in the land so pledged. § 3617 DEFINITIONS RELATING TO PROPERTT. »14 4. Improvements. Third — The term "improvements" includes: 1. All buildings, structures, fixtures, fences, and improve- ments erected upon or affixed to the land, except telephone and telegraph lines. 2. All fruit, nut-bearing, or ornamental trees and vines, not of natural growth, excepting fruit and nut-bearing trees under four years of age, and grape vines under three years of age. 3. Alfalfa, after the first year's planting. Fourth — The term "personal property" includes every- thing which is the subject of ownership, not included with- in the meaning of the term "real estate" or "improve- ments." Fifth — The terms "value" and "full cash value" mean the amount at which the property would be taken in pay- ment of a just debt from a solvent debtor. Sixth— The term "credits" means those solvent debts, not secured by mortgage or trust deed, owing to the person, firm, corporation, or association assessed. The term "debt" means those unsecured liabilities owing by the person, firm, corporation, or association assessed to bona fide residents of this state, or firms, associations or corporations doing business therein; but credits, claims, debts, and demands due, owing or accruing for or on account of money de- posited with savings and loan corporations, shall, for the purpose of taxation, be deemed and treated as an interest in the property of such corporation, and shall not be as sessed to the creditor or owner thereof. En. March 12, 1872. Am'd. 1873-4, 143; 1875-6, 58; 1877-8, 64; 1880, 5; 1881, 56; 1889, 203; 1895, 306; 1905, 192. Cal. Rep. Cit. 58, 146; 62, 115; 65, 460; 83, 449; 97, 220; 97 221; 97, 222; 97, 223; 104, 622; 109, 402; 121, 384; 128, 596; 128,. 605; 137, 514; 137, 526. Subd. 1—142, 290. Suhd. 2—144, 153. Subd. 3—123, 75; 144, 437. Subd. 5—142, 291. Subd. 6—109, 398; 113, 400. Property: See Const. Cal., art. XIII, sec. 1. Stock: See ante, sec. 3608. How mortgages are to be assessed: See post, sec. 3627. 815 ASSESSMENT OF PROPERTY. S 3627 CHAPTER III. ASSESSMENT OF PROPERTY. § 3627. Property, how assessed. § 3628. Franchises. Other taxable property. § 3629. Contents of stafemcnt required by assessor. § 3630. Blank forms of statement, and affidavit therefor. § 3631. Statement to be filled out and returned to assessor. tj se"_'. Power of assessor to require affldavit and testimony. § :)ii33. Property or person neglecting or refusing to give statement, how assessevi. § 3634. Sufficient description and survey of property, how obtained by assessor by aid of court. § S63.\i. Assessment of unknown or absent owners of property. § 3636. Same. § 3637. Projjerty situated in another county. § 363S. Consigned property. § 3639. Trustees, guardians, executors, and administrators. § 3640. Enrollment of persons subject to poll tax. (Repealed.) § 3641. Property of firm or corporation assessed where situated. § 3642. Undistributed property of deceased persons. § 3643. Ferries an'd toll bridges, where assessed. § 3644. Vessels, where assessed. § 3645. Same. § 3646. Boats and small craft. § 3647. Property and money In litigation. § 3648. Property concealed, misrepresented, etc. § 3G49. Property not taxed in previous year. § 3650. Property, how listed. § 3651. Index to assessment book. § "6-52. .^ffldavit to completed assessment book. § 3653. Copy of assessment book to be furnished cities and towns. § 3654. Delivery of assessment book, etc., to clerk of supervisors. No- tice of meeting to equalize assessments. § 3655. Statement by assessor to state board of equalization, to show what. § 3656. Penalty for failure of assessor to complete assessment book and transmit statement. § 3657. Persons claiming ownership of property and desiring to be as- sessed. § 36.58. Supervlsois to furnish assessor with maps, books, etc. § 365Sa. Official maps; assessment by reference to. § 3659. Duty of surveyor-general in relation to lands sold state. § 3660. When assessor liable for taxes on unassessed property. § -3661. District attorney to prosecute assessor for unpaid taxes, when. § 3662. Judgment, when entered against assessor. § 3663. Assessment of water ditches, toll roads and telegraph lines. § 3664. Agent of corporation, statement by to state board of equaliza- tion. § 3G63. Assessment of railway franchises and properties. § 3666. Record of assessment of railways. § 3C67. Notice to controller of county rate of taxation. § ."fiOS. Publication by controller. § 3669. Certain taxes to br pai-d state treasurer. § 3670. Controller to sue for delinquent taxes. § 3671. Basis of taxation for counties. § 3627. Property, how assessed. All taxable property must be assessed at its full cash value. Land and improve- ments thereon shall be separately assessed. Cultivated § 3628 ASSESSMENT OF PROPERTY. 816 and uncultivated land of the same quality, and similarly situated, shall be assessed at the same value. A mort- gage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxation, be deemed and treated as an interest in the property affected thereby, except as to railroad and other quasi-public corporations. In case of debts so secured, the value of the property affected by such mort- gage, deed of trust, contract, or obligation, less the value of such security, shall be assessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county, city, or district in which the property affected thereby is situated. The taxes so levied shall be a lien upon the property and security, and may be paid by either party to such security; if paid by the owner of the security, the tax so levied upon the property affected thereby shall become a part of the debt so secured. If the owner of the property shall pay the tax so levied on such security, it shall constitute a payment thereon, and, to the extent of such payment, a full discharge thereof. If any such se- curity or indebtedness shall be paid by any such debtor or debtors after assessment and before the tax levy, the amount of such levy may likewise be retained by such debtor or debtors, and shall be computed according to the tax levy for the preceding year; and every contract by which a debtor is obliged to pay any tax or assessment on money loaned, or on any mortgage, deed of trust, or other lien, shall, as to any interest specified therein and as to such tax or assssment, be null and void. En. March 12, 1872. Am'd. 1880. 6; 1881, 57. Cal. Rep. Cit. 67, 87; 68, 499; 72, 36; 83, 449; 96, 635; 96, 636; 96, 637; 120. 340; 121, 384; 145, 55; 145, 58. "Improvements" defined: See ante, sec. 3617, subd. 4. Full cash value defined: Ante, sec. 3617, subd. 5. Lands, provision for assessment of, conforms to Const. Cal., art. XIII. sec. 2. Mortgages and similar obligations, provision in section for assessment of, nearly identical with Const. Cal., art. XIII, sec. 4, except last clause, which is taken from sec- tion 5 of same article of constitution. Taxation, acts in relation to: See General Laws, title Taxation. § 3628. Franchises. Other taxable property. The fran- chise, roadway, roadbed, rails, and rolling stock of all 817 ASSESSMENT OP PROPERTY. g 3628 railroads operated in more than one county in this state shall be assessed by the state board of equalization, as hereinafter provided for. Other franchises, if granted by the authorities of a county, city, or city and county, must be assessed in the county, city, or city and county within which they were granted; if granted by any other authority, they must be assessed in the county in which the corpora- tions, firms, or persons owning or holding them have their principal place of business. All other taxable property shall be assessed in the county, city, or city and county, town, township or district in which it is situated. Land shall be assessed in parcels or subdivisions not exceeding six hundred and forty acres each; and tracts of land con- taining more than six hundred and forty acres, which have been sectionized by the United States government, shall be assessed by sections or fractions of sections. Lands sold by the state for which no patent has been issued shall be assessed the same as other lands, but the owner shall be entitled to a deduction from such assessed valuation in the amount due the state as principal upon the purchase price. The assessor must, between the first Mondays in March and July of each year, ascertain the names of all taxable inhabitants, and all the property in his county subject to taxation, except such as is required to be assessed by the state board of equalization, and must assess such property to the persons by whom it was owned or claimed, or in whose possession or control it was, at twelve o'clock meridian, of the first Monday in March next preceding; but no mistake in the name of the owner or supposed owner of real property shall render the assess- ment thereof invalid. In assessing solvent credits, not secured by mortgage or trust deed, a reduction therefrom shall be made of debts due to bona fide residents of this state. En. March 12, 1872. Am'd. 1880, 7; 1895, 307. Cal. Rep. Cit. 53, 666; 55, 367; 58, 137; 63, 527; 66; 19; 66, 20; 66, 21; 66, 22; 68, 561; 69, 539; 84, 302; 86, 124; 87. 502; 90, 465; 93, 473; 96. 636; 99, 38; 99, 675; 121, 660; 129, 95; 130, 131; 131, 82; 131, 83; 131, 359; 139, 523; 143, 432; 146, 536. Franchises subject to taxation: See sec. 3617, subd. 1. Railroad property, assessment of: See Const. Cal., art. XIII, sec. 10. Act as to the manner of assessing railroads: See post, sees, 3664. 3665. Pol. Code— 52 § 3629 ASSESSMENT OF PROPERTY. 81S Place of assessment: See post, sees. 3641-3646. Pro- vision for, follows Const. Cal., art. XIII, sec. 10. Assessment of lands: Provision follows Const. Cal., art. XIII, sec. 3. Corporation and firm names: See post, sec. 3641. § 3629. Contents of statement required by assessor. He must exact from each person a statement, under oath, setting forth specifically all the real and personal property owned by such person, or in his possession, or under his control, at twelve o'clock M. on the first Monday in March. Such statement shall be in writing, showing separately: 1. All property belonging to, claimed by, or in the pos- session or under the control or management of such person. 2. All property belonging to, claimed by, or in the pos- session or under the control or management of any firm of which such member is a member. 3. All property belonging to, claimed by, or in the pos- session or under the control or management of any cor- poration of which such person is president, secretary, cashier, or managing agent. 4. The county in which such property is situated, or in which it is liable to taxation, and (if liable to taxation in the 'bounty in which the statement is made) also the city, town, township, school district, road district, or other revenue districts in which it is situated. 5. An exact description of all lands in parcels or sub- divisions not exceeding six hundred and forty acres each, and the sections and fractional sections of all tracts of land containing more than six hundred and forty acres, which have been sectionized by the United States govern- ment, improvements and personal property, including all vessels, steamers, and other watercraft; and all taxable state, county, city, or other municipal or public bonds, and the taxable bonds of any person, firm, or corporation, and deposits of money, gold dust, or other valuables, and the names of the persons with whom such deposits are made, and the places in which they may be found; all mortgages, deeds of trust, contracts, and other obligations by which a debt is secured and the property in the county affected thereby. C. All solvent credits, unsecured by deed of trust, mort- gage, or other lien on real or personal property, due or owing to such person, or any firm of which he is a member. 819 ASSESSMENT OF PROPERTY. S 3630 or due or owing to any corporation of which he is presi- dent, secretary, cashier, or managing agent, deducting from the sum total of such credits such debts only, un- secured by trust deed, mortgage, or other lien on real or personal property, as may be owing by such person, firm, or corporation, to bona lide residents of this state. No debt shall be so deducted unless the statement shows the amount of such debt as stated under oath in aggregate; provided, in case of banks the statement is not required to show the debt in detail, or to whom it is owing; but the assessor shall have the privilege of examining the books of such banks to verify such statement. Whenever one member of a firm, or one of the proper officers of a corporation, has made a statement showing the property of the firm, or corporation, another member of the firm, or another officer, need not include such property in the statement made by him; but his statement must show the name of the person or officer who made the statement in which such property is included. En. March 12, 1872. Am'd. 1880, 7; 1881, 58. Cal. Rep. Cit. 46. 505; 58, 138; 61, 103; 62, 117; 63, 527 64, 483; 65, 107; 67, 626; 68, 15; 71, 207; 73, 51 80, 88: 83, 570; 85, 200; 85, 201; 97, 221; 112, 596 112, 597; 115, 78; 131, 39; 132, 76. Subd. 6—97, 220 116, 29; 121, 384. Sworn statement required by section, pursuant to Const. Cal., art. XIII, sec. 8. Refusing to give statement: See post, sec. 3633. Subd. 4. Revenue district wherein property situated is place of assessment: See ante, sec. 3628. Subd. 5. i^ands, assessment of: Ante, sec. 3627. Vessels, steamers, and other watercraft, where taxed: See post, sees. 3644-3646. Mortgages and like obligations, how assessed: See ante, sec. 3627. Subd. 6. Solvent credits, definition of terms "credits" and "debts": Ante, sec. 3617, subd. 6. Deduction of debts due bona fide residents: See ante, sec. 3628. § 3630. Blank forms of statement, and affidavit therefor. The board of supervisors must furnish the assessor with blank forms, as prescribed by the state board of equaliza- tion, of the statements provided for in the preceding sec- §§ 3631, 3G32 ASSESSMENT OF PROPERTY. fM tions affixing thereto an affidavit, which must be substan- tirJly as follows: , "I, , do swear that I am a resident of the county of (naming it) ; that the above list contains a full and correct statement of all property subject to taxation which I, or any firm of which I am a member, or any corporation, association, or company of which I am presi- dent, cashier, secretary, or managing agent, owned, clairced, possessed, or controlled, at twelve o'clock M., on the first Monday i^ March last, and which is not already assessed this year; and that I have not, in any manner whatsoever, transferred or disposed of any property, or placed any property out of said county or my possession for the purpose of avoiding any assessment upon the same, or of making this statement; and that the debts therein stated as owing by me are owing to bona fide residents of this state, c- to firms or corporations doing business in this state." The affidavit to the statement on behalf of a firm or corporation must state the principal place of business of th J firm or corporation, and in other respects must con- form substantially to the preceding form. En. March 12, 1872. Am'd. 1873-4, 143; 1880, 9; 1895, 308. Cal. Rep. Cit. C8, 15; 85, 200. § 3631. Statement to be filled out and returned to as- sessor. The assessor may fill out the statement at the time he presents it, or he may deliver it to the person and require him, within an appointed time, to return the same to him, properly filled out. En. March 12, 1872. § 3632. Power of assessor to require affidavit and testi- mony. Every assessor shall have power: 1. To I'eqv.ire any person found within such assessor's respective county to make and subscribe an affidavit, giving his name, place of residence or place of business and whether he is t'^e owner of any taxable property; 2. To subpoena ana examine any person in relation to auy statement furnished him, or which discloses property which is assessable i his respective county that may be stored with, in possession of, or controlled by such person. And he may exercise this power in any county where the persons whom he desires to examine may be found, but snail have no power to require such persons to appear before him in any other county than that in which the 821 ASSESSMENT OP PROPERTY. 8 36S3 subpoena is served upon them. Every person who shall refuse to furnish the statement hereinbefore required in this chapter, or to make and subscribe such affidavit respecting- his name and place of residence, or to appear ana testify when requested to do so by the assessor, as above provided, shall, for each and every refusal, and as often as the same is repeated, forfeit to the people of the state the sum of one hundred dollars, in gold coin of the United States, to be recovered by action brought in their name by the re.^pective assessor in any police or justice's court. lu case such affidavit shall show the residence of the person making the same to be in any county other than that in which it is taken, or the state- ment shall disclose property in any county other than that in which it is made, the assessor sLall, in the respective case, file the affidavit or statement in his office, and trans- mit a copy of the same, certified by him, to the assessor of the county in which such residence or property is therein shown to be. One half of all moneys recovered by any assessor under the provisions of this section must by him be paid into the treasury of his- county, and the other half may be retained by the assessor for Ms own use. En. March 12, 1872. Am'd. 1873-4, 144; 1901, 647. Cal. Rep. Cit. 85 200; 85, 201; 123, 56, 137, 513. § 3633. Property of person neglecting or refusing to give statement, how assessed. If any person, after demand made by the assessor, neglects or refuses to give, under oath, the statement herein provided for, or to comply with the other requirements of this title, the assessor must note the refusal on the assessment book, opposite the name of such person, and must make an estimate of the value of such property of such person, and the assessor must transmit on or before the first day of July of each year to the board of supervisors a verified report in writing, separate from the assessment roll, containing a complete list of all persons who refuse or neglect to furnish a statement of their property as herein pro- vided for, or to comply with the requirements of this title, the amount of the assessment upon the property of such persons, with a statement of the particular facts, if any, upon which the assessment has been made, and the valua- tion of the propei'ty so assessed ascertained. The board of supervisors must investigate and inquire into all as- sessments and values so fixed by the assessor, as pre- § 3634 ASSESSMENT OF PROPERTY. »22 scribed by this section, and for that purpose must require each taxpayer affected by such assessment and valuation to make a statement under oath, within ten days from making an order requiring such statement, setting forth specifically, all the property owned or controlled, or in the possession of such taxpayer on the first Monday of March. If any taxpayer, after demand made by the board of supervisors, shall neglect or refuse to make and deliver to the said board of supervisors the statement, duly verified, herein provided for, or to comply with the other requirements of this title, the said board of supervisors, sitting as a county board of equalization, must increase such assessment and valuation to such an amount as the said board shall deem just; but the value fixed by the assessor must not, in any case, be reduced by the board of supervisors. En. March 12, 1872. Am'd. 1897, 64. Cal. Rep. Cit. 61, 103; 65, 107; 67, 626; 71, 207; 75, 174; 83, 570; 123, 56; 131, 359. § 3634. Sufficient description and survey of property, how obtained by assessor by aid of court. When the assessor has not received from the owner of a tract of land the statement required by section three thousand six hundred and twenty-nine, or when such statement does not sufficiently describe a tract of land to enable the assessor to assess the same as required by law, and the owner or his agent, or in case they cannot be found or are unknown, the person in possession thereof, neglects for ten days after demand by the assessor to furnish said assessor with such description, the assessor shall cite such owner, or agent, or person in possession, to appear before the superior court of the county wherein such land is situated, within five days after service of such citation, and the said superior court shall, upon the day named in such citation, to the exclusion of all other business, proceed to hear the return and answer of the said owner, or agent, or person in possession, to the said citation; and if the court shall find that the land has not been surveyed or divided into subdivisions of six hundred and forty acres, or less, so that each part or parcel may be described by metes and bounds, then the court shall, by order duly entered in open court, direct the county surveyor to make a survey, and define the boundaries and location of said land by parcels or subdivisions not exceeding six hundred and forty acres each, and deliver the same to the county assessor. The expense of making such survey and descrip- 823 ASSESSMENT OF PROPERTY. §§ 3635-3638 tion by the county surveyor shall be a lien upon the land, and shall when approved by the said superior court, be certified by said court to the tax collector of the county where the land is situated, and be added to the taxes upon said land, and be collected as other taxes are collected. En. March 12, 1872. Am'd. 1880, 9. Cal. Rep. Cit. 73, 51; 85, 200; 137, 513; 144, 154. Description of lands in parcels or subdivisions, required in statement by: Ante, sec. 3629, subd. 5. §, 3635. Assessment of unknown or absent owners of property. If the owner or claimant of any property, not listed by another person, is absent or unknown, the as- sessor must make an estimate of the value of such prop- erty. En. March 12, 1872. Cal. Rep. Cit. 53, 666. Absent owner, known or unknown, how assessed: Post, sec. 3636. § 3636. Same. If the name of the absent owner is known to the assessor, or if it appears of record in the office of the county recorder where the property is situated, the property must be assessed to such name. If unknown to the assessor, and if it does not appear of record as aforesaid, the property must be assessed to unknown own- ers. En. March 12, 1872. Am'd. 1891, 107. Cal. Rep. Cit. 53, 666; 55, 367; 59, 51; 64, 605; 66, 21; 80, 395; 131, 83. Asessment book: See post, sec. 3650. § 3637. Property situated in another county. The as- sessor, as soon as he receives a statement of any taxable property situated in another county, must make a copy of such statement for each county in which the same is situated, and transmit the same, by mail or express, to the assessor of the proper county, who must assess the same as other taxable property therein. En. March 12, 1872. Migratory live stock: See Genueral Laws, title Taxation. Assessment of animals: See General Laws, title Taxation. § 3638. Consigned property. All personal property con- signed for sale to any person within this state, from any place out of this state, or from other county or counties 27 §§ 3639-3643 ASSESSMENT OF PROPERTY. 824 in this state, must be assessed in the county where the property is situated, as other property. En. March 12, 1872. Am'-d. 1901, 648. § 3639. Trustees, guardians, executors, and adminis- trators. When a person is assessed as agent, trustee, bailee, guardian, executor, or administrator, his representa- tive designation must be axided to his name and the assess- ment entered on a separate line from his individual assess- ment. En. March 12, 1872. Cal. Rep. Cit. 62, 116; 93, 471. § 3640. Enrollment of persons subject to poll tax. (Re- pealed.) En. March 12, 1872. Am'd. 1880, 10. Rep. 1881, 59. En. Stats. 1895, 308. Rep. 1901, 648. Cal. Rep. Cit. 58, 137; 58, 138; 58, 140; 62, 117; 63, 471; 63, 527; 64, 507; 116, 26; 123, 155; 142, 284, 142, 285. § 3641. Property of firm or corporation assessed where situated. The property of every firm and corporation must be assessed in the county where the property is situate, and must be assessed in the name of the firm or corpora- tion. En. March 12. 1872. Cal. Rep. Cit. 64, 507. County where property situated, assessment in: See ante, sec. 3628. § 3642. Undistributed property of deceased persons. The undistributed or unpartitioned property of deceased persons may be assessed to the heirs, guardians, execu- tors, or administrators; and a payment of taxes made by either binds all the parties in interest for their equal pro- portions. En. March 12, 1872. Cal. Rep. Cit. 93, 471; 93, 475. No distribution of estate until all taxes paid: Post, sec. 3752. § 3643. Ferries and toll-bridges, where assessed. A ferryboat is a vessel traversing across any of the waters of the state, between two constant points, regularly em- ployed for the transfer of passengers and freight, author- ized by law so to do, and also any boat employed as a part of the system of a railroad for the transfer of pas- 825 ASSESSMENT OF PROPERTY. 5§ 3644-3648 sengers and freight, plying at regular and stated periods between two points. Where ferries connect more than one county, the wharves, storehouses, and all stationary prop- erty belonging to or connected with such ferries, must be assessed, and the taxes paid, in the county where located. The value of the franchise, and watercraft, and of all toll- bridges connecting more than one county, must be as- sessed in equal proportions in the counties connected by such ferries or toll-bridges. En. March 12, 1872. Am'd. 1880, 10; 1885, 93. § 3644. Vessels, where assessed. All vessels, except ferryboats, which may be registered, of every class which are by law required to be registered, must be assessed, and the taxes thereon paid, only in the county, or city and county, where the same are registered, enrolled, or licensed. En. March 12, 1872. Am'd. 1885, 93. Cal. Rep. Cit. 63, 487. § 3645. Same. Vessels registered, licensed, or enrolled out of and plying in whole or in part in the waters of this state, the owners of which reside in this state, must be assessed in this state. En. March 12, 1872. Cal. Rep. Cit. 63, 487; 63, 489. § 3646. Boats and small craft. All boats and small craft not required to be registered, must be assessed in the county where their owner resides. En. March 12, 1872. § 3647. Property and money in litigation. Money and property in litigation in possession of a county treasurer, of a court, county clerk, or receiver, must be assessed to such treasurer, clerk, or receiver, and the taxes be paid thereon under the direction of the court. En. March 12, 1872. Cal. Rep. Cit. 87, 502; 137, 702. § 3648. Property concealed, misrepresented, etc. Any property willfully concealed, removed, transferred, or mis- represented by the owner or agent thereof, to evade tax- ation, upon discovery, must be assessed at not exceeding ten times its value, and the assessment so made must not be reduced by the board of supervisors. En. March 12, 1872. Cal. Rep. Cit. 59, 96; 112, 594; 112, 595; 137, 468. §§ 3649, 3650 ASSESSMENT OF PROPERTY. tfiW § 3649. Property not taxed in previous year. Any property discovered by the assessor to have escaped assess- ment for the last preceding year, if such property is in the ownership or under the control of the same person who owned or controlled it for such preceding year, may be assessed at double its value. En. March 12, 1872. Cal. Rep. Cit. 87. 500; 112, 594; 112, 595; 112, 596. § 3650. Property, liow listed. The assessor must pre- pare an assessment book, with appropriate headings as directed by the state board of equalization, in which must be listed all property within the county, under the appro- priate head. 1. The name and post-office address, if known, of the person to whom the property is assessed. 2. Land, by township, range, section, or fractional sec- tion; and when such land is not a congressional -division or subdivision, by metes and bounds, or other description suf- ficient to identify it, giving an estimate of the number of acres, not exceeding in each and every tract six hundred and forty acres, locality, and the improvements thereon. When any tract of land is situated in two or more school, road, or other revenue districts of the county, the part in each township or district must be separately assessed. The improvements to be assessed against the particular section, tract, or lot of land upon which they are located. 3. City and town lots, naming the city or tov/n, and the number of the lot and block, according to the system of numbering in such city or town, and the improvements thereon. 4. All personal property, showing the number, kind, amount, and quality; but a failure to enumerate in detail such personal property does not invalidate the assessment. 5. The cash value of real estate, other than city or town lots. 6. The cash value of improvements on such real estate. 7. The cash value of city and town lots. 8. The cash value of improvements on city and town lots. 9. The cash value of improvements on real estate as- sessed to persons other than the owners of the real estate. 10. The cash value of all personal property, exclusive of money. 11. The amount of money. 827 ASSESSMENT OF PROPERTY. 9 "W5U 12. The assessment of the franchise, roadway, roadbeds, rails, and rolling stock of any railroad, as apportioned to his county by the state board of equalization, and also such other apportionments of such franchises, roadways, road- beds, rails, and rolling stock as may be made by such board, and furnished to him for the purpose of taxation in any district in his county. Taxable improvements owned by any person, firm, association, or corporation, located upon land exempt from taxation, shall, as to the manner of assessment, 'be assessed as other real estate upon the assessment book. No value shall, however, be assessed against the exempt land, nor under any circumstances shall the land be charged with or become responsible for the assessment made against any taxable improvements located thereon. 13. The school, road, and other revenue districts in which each piece of property assessed is situated. 14. The total value of all property. 15. When any property, except that owned by a railroad or other quasi-public corporation, is subject to or affected by a mortgage, deed of trust, contract, or other obligation by which a debt is secured, he must enter, in the proper column, the value of such security, and deduct the same. In entering assessments containing solvent credits subject to deductions, as provided in section three thousand six hundred and twenty-eight of this code, he must enter in the proper column the value of the debts entitled to exemp- tion and deduct the same. In making the deductions from the total value of property assessed, as above directed, he must enter the remainder in the column provided for the total value of all property for taxation. Each franchise must be entered in the assessment book without combin- ing the same with other property or the valuation thereof. 16. The figure (1), in separate columns, opposite the name of every person liable to pay a poll tax. 17. Such other things as the state board of equalization may require. En. March 12, 1672. Am'd. 1875-6, 11; 1880, 10; 1881, 59. Rep. 1883, 72 (in part only). Am'd. 1895, 309; 1905, 134. Cal. Rep. Cit. 46, 670; 53, 666; 60, 33; 62, 116; 64, 505; 64, 508; 64, 604; 66, 21; 66, 22; 68, 497; 73, 50; 80, 89; 84, 301; 84, 303; 93, 468; 93, 470; 94, 322; 112, 597; 123, 76; 137, 247; 139, 99; 146, 536; 146, 680; 146, §§ 3651, 3652 ASSESSMENT OP PROPERTY. Va 681; 147, 561. Subd. 2—137, 515. Subd. 3—131, 83. Subd. 4—64, 509; 62, 116; 131, 360. Subd. 10—62, 116. Subd. 12—123, 75. Subd. 13—46, 505. Subd. 15— 46, 505. Name of person assessed. If the owner's name cannot be ascertained, the assessment must be to "unknown owners": Ante, sec. 3636. Correcting assessment book: See post, sec. 3881. § 3651. Index to assessment book. The assessor must prepare an index to the assessment book, which must show the name of the taxpayer, each page whereon his assess- ment appears, the postoffice address, or the postoffice ad- dress of his agent, secretary, or managing agent, when known. The state board of equalization shall prescribe the form of such index. En. March 12, 1872. Am'd. 1873- 4, 145; 1875-6, 12; 1880, 12; 1881, 60; 1895, 310. Cal. Rep. Cit. 64, 508; 73, 51; 96, 634; 124, 4. § 3652. Affidavit to completed assessment book. On or befoi'e the first Monday in July, in each year, the assessor must complete his assessment book. He and his deputies must take and subscribe an affidavit in the assessment book, to be substantially as follows: "I , assessor of (or deputy assessor, as the case may be), County, do swear that between the first Monday in March and the first Monday in July, eighteen hundred and , I have made diligent inquiry and examination to ascertain all the property within the county (or within the subdivision thereof assessed by me, as the case may be), subject to assessment by me, and that the same has been assessed on the assessment book, equally and uniformly, according to the best of my judgment, information, and belief, at its full cash value; and that I have faithfully complied with all the duties imposed on the assessor under the revenue laws; and that I have not imposed 'any unjust or double 'ssessment through malice or ill-will or otherwise; nor allowed any one to escape a just and equal assessment through favor, or reward, or otherwise." But the failure to take or subscribe such an affidavit, or any affidavit, will not in any manner a .ect the validity of the assess- ment. En. March 12, 1872. Am'd. 1880, 13; 1881, 61. Cal. Rep. Cit. 62, 116; 64, 508; 93, 473; 123, 56; 123. 58; 129, 299; 137, 523; 139, 100. Failure to comply with this section: Pen. Code, sec. 176. S29 ASSESSMENT OF PROPERXi'. S§ 3653, 36.i4 § 3653. Copy of assessment book to be furnished cities and towns. 1. On oi" before the third Monday in July of each year, the assessor must furnish such incorporated cities and towns within the county as shall make written request for the same, on or before the first Monday in March of each year, a complete certified copy of his as- sessment book, so far as such assessment book pertains to property within the limits of said incorporated cities and towns. 2. The assessor may charge incorporated cities and towns five cents per folio of one hundred words for each copy of his assessment book, furnished such incorporated cities and towns. 3. The assessor must, on the first Monday of each month, furnish all such incorporated cities and towns within the county as shall make written request for the same, a description of all personal property, the name and address, by street and number, of the owners, and assessed value thereof, whenever the tax on such property is collected by the assessor. 4. The assessor may charge incorporated cities and ■ towns five cents per folio of one hundred words for such description of personal property. En. March 12, 1872. Am'd. 1891, 14; 1895, 311. Cal. Rep. Cit. 62, 116; 64, 508; 85, 647. § 3654. Delivery of assessment book, etc., to clerk of supervisors. Notice of meeting to equalize assessments. As soon as completed, the assessment book, together with the map books, statements, and military roll, must be delivered to the clerk of the board of supervisors, who must immediately give notice thereof, and of the time the board will meet to equalize assessments, by publica- tion in a newspaper, if any is printed in the county; if none, then in such manner as the board may direct. In the mean time the assessment book, map book and state- ments must remain in his office for the inspection of all persons interested. After the board of equalization has completed its labors, the map books and statements shall be returned to the county assessor's office, and shall be kept in said office for future reference. En. March 12, 1872. Am'd. 1895, 311. Cal. Rep. Cit. 53, 394; 62, 116; 64, 508. §§ 3655-3658 ASSESSMENT OF PROPERTY. 83u § 3655. Statement by assessor to state board of equaliza- tion, to show what. On the second Mondaj' in July of each year, the assessor of each county must transmit to the state board of equalization, in such form as said board shall require, a statement showing: 1. The several kinds of personal property. 2. The average and total value of each kind. 3. The number of livestock, number of bushels of grain, number of gallons of wines or liquors, number of pounds or tons of any article sold by the pound or ton. 4. When practicable, the separate value of each class of land, specifying the classes and the number of acres of each. 5. A true statement of the agricultural and industrial pursuits and products of the county, with such other statistical information as said board shall require. En. March 12, 1872. Am'd. 1895, 311. Cal. Rep. Cit. 46, 505; 68, 497; 129, 299. § 3656. Penalty for failure of assessor to complete as- sessment book and transmit statement. Every assessor who fails to complete his assessment book, or who fails to transmit the statement mentioned in the preceding section to the state board of equalization, forfeits the sum of one thousand dollars, to be recovered on his oflBcial bond, for the use of the county, in an action brought in the name of the people by the attorney-general when directed to do so by the state board of equalization. En. March 12, 1872. Am'd. 1895, 311. Cal. Rep. Cit. 76, 279; 129, 299. § 3657. Persons claiming ownership of property and de- siring to be assessed. Lands once described on the assess- ment book need not be described a second time, but any person claiming the same, and desiring to be assessed therefor, may have his name inserted with that of the person to whom such land is assessed. En. March 12, 1872. Cal. Rep. Cit. 99, 675. § 3658. Supervisors to furnish assessor with maps, books, etc. The board of supervisors of each county must provide and furnish the assessor with the proper books, blanks, maps, and plat books for the use of his 831 ASSESSMENT OF PROPERTY. fi 3658a office. Such maps and plat books shall show the private lands owned or claimed in the county and if surveyed under the authority of the United States, the divisions and subdivisions thereof, with their acreage, according to such survey; if held under Spanish grant, the exterior boundaries of such grants, the divisions and subdivisions and number of acres claimed. The proper maps and plat books of cities, towns, villages, school districts, and road districts must in like manner be provided and fur- nished. The state board of equalization shall prescribe the forms for such books, blanks, maps, and plat books, and may require such map and plat books to be indexed to show owners' names, give correct description for assessment, show improvements and assessed value. The board of supervisors of each county shall in like manner furnish the assessor the necessary office room, furniture, and stationery. If the board of supervisors of any county fails or refuses to provide and furnish the assessor with the proper books, blanks, maps, and plat books, and the necessary office room, furniture and stationery, as in this section provided, then the state board of equalization must, upon the application of the assessor, provide and furnish the same. The cost of such books, blanks, maps, plat books, office room, furniture, and stationery shall be a county charge, whether the same be provided and furnished by the board of supervisors or by the state board of equalization, and must be paid in the same man- ner as other county charges from the county general fund. En. March 12, 1872. Am'd. 1895, 312; 1901, 51. Cal. Rep. -Cit. 73, 61. § 3658a. Official maps; assessment by reference to. Whenever any city, town, or subdivision of land is platted or divided into lots or blocks, and whenever any addition to any city, town, or such subdivision shall be or nas been laid out into lots or blocks for the purpose of sale or transfer, it shall be lawful for the city engineer, or the county or city and county surveyor, under the direc- tion and with the approval of the city council or board of supervisors of said city, county, or city and county, to make an official map of such city, town, or subdivision, giving to each block on such map a number, and to each lot or subdivision in such block a separate number or letter, and giving names to such streets, avenues, lanes, courts, commons, or parks as may be delineated on such official map. WTienever the city council or board of § 36oSa ASSESSMENT OF PROPERTY. 83:2 supervisors of such city, county, or city and county, shall adopt such map as the official map of the subdivision, town, city, county, or city and county, it shall be lawful to, and the assessor shall, describe such lots, blocks, or parcels of land by numbers or letters as delineated on such map in assessing such property, and it shall be law- ful and sufficient to describe such lots or blocks in any deeds, conveyances, contracts, or obligations affecting any such lots or blocks as '^esi^nated on such official map, a reference to such map sufficient for the identifica- tion thereof being coupled with such description. Such engineer or surveyor, under the direction and with the approval of the city council or board of supervisors of such city, county, or city and county, may compile such map from maps on file, or may resurvey or renumber the blocks, or renumber or reletter the lots in such blocks, or change the names of streets. All surveys and the field notes thereof made by any such engineer or surveyor, under the provisions of this section, or in surveying offi- cially any lots or parcels of land in any city, town, county, or city and county, for the purposes of any such map, shall be filed in the office of the surveyor or engineer as the case may be, and shall become a part of the public records of such city, town, county, or city and county. Each and every map, made and adopted as hereinabove proviaed, -hall be certified under the hands of a majority of the members and the presiding officer and secretary and offi- cial seal, if any, of the authority adopting the same. Such certificate shall set forth in full the resolution adopting such map, with the date of adoption ; and such map, so certified, shall be forthwith filed in the office of the county recorder of the county, or city and county, wherein the platted lands are situate, and the said re- corder shall immediately securely fasten and bind, in one of a series of firmly bound books to be provided, together with the proper indexes thereof and appropri- ately marked for the reception of the maps herein pro- vided for, each such map so filed with him; and the same shall become an official map for all the purposes of this section when so certified, filed and bound, but not before. This section is hereby made applicable to all cities, towns, and villages in this state, as well as to the counties, and cities and counties thereof, whether the same be incorporated or not; and the words "city council or board of supervisors" wherever used herein shall be deemed to include the proper corresponding gov- erning board and authority in each such place; and the 833 ASSESSMENT OF PROPERTY. §§ 3659-3661 words "city engineer" and "county or city and county surveyor" shall be deemed to include the like or corre- sponding officer, subject to the direction of such "corre- sponding governing board and authority" in each such place; or, if there be no such officer subject to such direction, such "corresponding board and authority" may employ competent engineers and surveyors to the extent necessary for the carrying out of the purposes of this act in the places subject to its jurisdiction, and the per- sons so appointed shall have the same authority and shall perform the same duties as are given to and enjoined upon "city engineers" and "county or city and county surveyors," respectively, in like cases. The services of such engineers and sui-veyors so employed shall be con- tracted for, examined, passed upon, audited, and paid as are other debts contracted by such governing boards and authorities. En. Stats. 1903, 408. § 3659. Duty of surveyor-general in relation to lands sold state. On or before the first Monday in March in each year, the surveyor-general of the state and the tide land commissioners must make out and transmit to the assessor of each county where lands or lots lie that may have been sold by the state, for which certificates of pur- chase, patents or deeds have issued, during the year pre- ceding, certified lists of such lands or lots, giving a description thereof by congressional divisions and subdi- visions, or lots and blocks, together with the names of the purchasers thereof, and the amount of the principal unpaid, if any, on the first Monday in March. En. March 12, 1872. Am'd. 1897, 427. Cal. Rep. Cit. 58, 146; 73, 51. Tide land commissioners, board of, abolished by repeal of: Ante, sees. 365 and 698. § 3660. When assessor liable for taxes on unassessed property. The assessor and his sureties are liable on his oflSicial bonds for all taxes on property within the county, which, through his willful failure or neglect is unassessed. En. March 12, 1872. Official bonds: Ante, sees. 947-987. § 3561. District attorney to prosecute assessor for un- paid taxes, when. Any taxpayer who shall have knowl- edge of any property that has escaped taxation as pro- vided in the preceding section, may file with the board Pol. Code— 53 §§ 3662-3664 ASSESSMENT OF PROPERTY. 834 of supervisors an affidavit setting forth the fact that such property has, through the willful failure or neglect of the assessor, escaped taxation, together with a description of the property as near as such taxpayer may be able to give; whereupon said board shall direct the district attorney to commence an action on the assessor's bond for the amount of taxes lost from such willful failure or neglect. En. March 12, 1872. Am'd. 1895, 312. § 3662. Judgment, when entered against assessor. On the trial of such action, the value of the property un- assessed being shown, judgment for the amount of taxes that should have been collected thereon must be entered. The amount thus recovered shall be distributed as pro- vided in section three thousand eight hundred and six- teen of this code. En. March 12, 1872. Am'd. 1895, 312. § 3663. Assessment of water ditches, toll roads and telegraph lines. Water ditches constructed for mining, manufacturing or irrigating purposes, and wagon and turnpike toll roads must be assessed the same as real estate by the assessor of the county, at a rate per mile for that portion of such property as lies within his county. All telegraph and telephone lines shall be described in the same manner as real estate is described, but assessed as personal property by the assessor of the county, at a rate per mile for that portion of such property as lies within his county. En. March 12, 1872. Am'd. 1873-4, 158; 1880, 13; 1880, 59; 1895, 312. Cal. Rep. Cit. 79, 590; 84, 74; 137, 515. § 3664. Agent of corporation, statement by to state board of equalization. The president, secretary or man- aging agent, or such other officer as the state board of equalization may designate of any corporation, and each person, or association of persons, owning or operating any railroad in more than one county in this state, shall, on or before the first Monday in April of each year furnish the said board a statement, signed and sworn to by one of such officers, or by the person or one of the persons forming such association, showing in detail for the year ending on the first Monday in March in each year: 1. The whole number of miles of railway in the state, and, where the line is partly out of the state, the whole number of miles without the state, and the whole number 835 ASSESSMENT OF PROPERTY. 5 3664 within the state, owned or operated by such corporation, person or association; 2. The value of the roadway, roadbed and rails of the whole railway, and the value of the same within the state ; 3. The width of the right of way; 4. The number of each kind of all rolling stock used by such corporation, person or association in operating the entire railway, including the part without the state; 5. Number, kind and value of rolling stock owned and operated in the state; 6. Number, kind, and value of rolling stock used in the state, but owned by the party making the returns; 7. Number, kind and value of rolling stock owned, but used out of the state, either upon divisions of road oper- ated by the party making the returns, or by and upon other railways. Also showing in detail for the year preceding the first of January: 1. The gross earnings of the entire road; 2. The gross earnings of the road in the state, and where the railway is let to other operators, how much was derived by the lessor as rental; 3. The cost of operating the entire road, exclusive of sinking fund, expenses of land department, and money paid to the United States; 4. Net income for such year and amount of dividend declared; 5. Capital stock authorized; 6. Capital stock paid in; 7. Funded debt; 8.' Number of shares authorized; 9. Number of shares of stock issued; 10. Any other facts the state board of equalization may require; 11. A description of any part or portion of such rail- road which may be in the possession and control of any other railroad company or corporation, and operated by such other corporation under a lease or other contract. 12. The president, secretary or managing agent, or such other officer as the state board of equalization may § 3665 ASSESSMENT OF PROPERTY. 83ti designate of any corporation or association of persons operating in this state any portion of a line of railroad owned by and belonging to some other corporation or association, which runs in more than one county, shall make the same statement as is herein required to be made by the foregoing provisions of this section by the owner of such railroc d. 13. A description o2 the road, giving the points of en- trance into and the points of exit from each county, with a statement of the number of miles in each county. When a description of the road shall once have been given, no other annual description thereafter is necessary, un- less the road shall have been changed. Whenever the road, or any portion of the road, is advertised to be sold, or is sold for taxes, either state or county, no other description is necessary than that given by, and the same is conclusive upon, the corporation, person, or association g.ving the description. No assessment is invalid on ac- count of a misdescription of the railway, or the right of way for the same. If such statement is not furnished as above provided, the assessment made by the state board of equalization upon the property of the corporation, person or associa- tion failing to furnish the statement is conclusive and final. En. Stats. 1880, 13. Am'd. 1883, 65; 1897, 400. Cal. Rep. Cit. 60, 27; 60, 28; 60, 29; 60, 30; 60, 31; 60, 32; 60, 34; 68, 552; 105, 591; 124, 502. § 3665. Assessment of railway franchises and properties. The state board of equalization must meet at the state capitol on the third Tlonday in July, and continue in open session from day to day, Sundays excepted, until the first Monday in August. At such meeting the board must assess the franchise, roadway, roadbed, rails and rolling stock of all railroads operated in more than one county, but franchises derived from the United States shall not be assessed. Assessments must be made to the corpora- tion, person or association of persons owning the same. If any portion of any raili'oad less than the whole is oper- ated by some corporation or association of individuals other than the owner of such railroad, under lease or other contract, and such portion so operated runs in more than one county, the value of such part or portion of such railroad shall be assessed separate and apart from the balance of said railroad, and the board shall 837 ASSESSMENT OF PROPERTY. § 3B65 assess the roadway, roadbed and rails of such portion of said railroad, together with the rolling stock used thereon by the corporation or association of individuals operating the same. The depots, stations, shops and buildings erected upon the space covered by the right of way, and all other property owned by such person, corporation or association of persons, are assessed by the assessor of the county wherein they are situate. Within twenty days after the first Monday of August, the board must apportion the total assessment of the franchise, roadway, roadbed, rails and rolling stock of each railway to the counties, or cities and counties, in which such railway is located, in proportion to the num- ber of miles of railway laid in such counties, and cities and counties. The board must also, within said time, trans- m.c by mail to the county auditor of each county, or city and county, to which such apportionment shall have been made, a statement showing the length of the main track of such railway within the county, or city and county, with a description of the said track within the county, or city and county, including the right of way, by metes and bounds, or other description sufficient for identifica- tion, the assessed value per mile of the same, as fixed by a pro rata distribution per mile of the assessed value of the whole franchise, roadway, roadbed, rails and roll- ing stock of such railway within the state, and the amount apportioned to the county, or city and county. The auditor must enter the statement on the assessment roll or book of the county, or city and county, and where the county is divided into assessorial townships or dis- tricts, then on the roll or book of any township or dis- trict he may select, and enter the amount of the assess- ment apportioned to the county, or city and county, in the column of the assessment book or roll as aforesaid, which shov.fs the total value of all property for taxation, either of the county, city and county, or such township or district. On the third Monday in September, the board of supervisors must make and cause to be entered in the proper record book an order stating and declaring the length of main track of the railway assessed by the state board of equalization within the county, the assessed value per mile of such railway, the number of miles of track, and the assessed value of such railway lying in each city, town, township, school and road dis- trict, or lesser taxation district in the county, or city and county, through which such railway runs, as fixed by § 3666 ASSESSMENT OF PROPERTY. JI88 the state board of equalization which shall constitute the assessment value of said property for taxable pur- poses in such city, town, township, school, road or other district; and the clerk of the board of supervisors must transmit a copy of each order or equalization to the city council, or trustees, or other legislative body of incorporated cities or towns, the trustees of each school district and the authorized authorities of other taxation districts through which such railway runs. All such rail- way property shall be taxable upon said assessment at the same rates, by the same officers, and for the same purposes, as the property of individuals within such city, town, town- ship, school, road and lesser taxation districts, respectively. If the owner of a railway assessed by the state board of equalization is dissatisfied with the assessment made by the board, such owner may, at the meeting of the board, under the provisions of section three thousand six hun- dred and ninety-two of the Political Code, between the first Monday in August and the first Monday in Septem- ber, apply to the board to have the same corrected in any particular, and the board may correct and increase or lower the assessment made by it so as to equalize the same with the assessment of other property in the state. If the board shall increase or lower any assess- ment previously made by it, it must make a statement to the county auditor of the county affected by the change in the assessment of the change made, and the auditor must note such change upon the assessment book or roll 01 the county, as directed by the board. En. Stats. 1880, 14. Am'd. 1883, 66; 1889, 349; 1891, 438; 1897, 401; 1897, 427. Cal. Rep. Cit, 60, 27; 60, 28; 60, 29; 60, 30; 60, 32; 68, 552; 83, 403; 105, 591; 124, 502. On the same day another section 3665 was approved, p. 401. This differed from the one in the text only in that the supervisors must make the entry on the fourth instead of the third Monday. § 3666. Record of assessment of railways. The state board of equalization must prepare each year a book, to be called "Record of Assessments of Railways," in which ■ must be entered each assessment made by the board, either in writing or by both writing and printing. Each assess- ment so entered must be signed by the chairman and clerk. The record of the apportionment of the assessments made 839 ASSESSMENT OF PROPERTY. § 3667 by the board to the counties, and cities and counties, must be made in a separate book, to be called "Record of Ap- portionment of Railway Assessments." In such last-de- scribed book must be entered the names of the railways assessed by the board; the names of the corporations to which, or the name of the person or association to whom was assessed each railway in the state; the number of miles thereof in each county, or city and county; the total assess- ment of the franchise, roadway, roadbed, rails and rolling stock, for purposes of state taxation; and the amount of the apportionment of such total assessment to each county, and city and county, for county, or city and county taxa- tion. Before the third Monday in September of each year, the clerk of the state board of equalization must prepare and transmit to the controller of state duplicates of the "Record of Assessment of Railways" and "Record of Ap- portionment of Railway Assessments," each certified by the chairman and clerk of the board, and to be known, respec- tively, as "Duplicate Record of Assessment of Railways" and "Duplicate Record of Apportionment of Railway As- sessments." In the last-named duplicate all necessary ap- propriate columns must be added, in which the controller must enter the amount of taxes in installments due the state upon the whole assessment, by each corporation, per- son or association, and the amount of taxes, in install- ments, due each county, or city and county, upon the as- sessment apportioned to each county, or city and county, by each corporation, person or association. The two dupli- cates constitute the warrant for the controller to collect the state and county, and city and county taxes levied upon such property assessed by the board, and the amount of the apportionment of the assessment to each county, and city and county, respectively. En. Stats. 1883, 68. Am'd. 1891, 440; 1895, 313. Cal. Rep. Cit. 60, 34; 124, 502. § 3667. Notice to controller of county rate of taxation. When the board of supervisors of each county, and city and county, to which the state board of equalization has apportioned the assessment of railways, shall have fixed the rate of county, or city and county, taxation, the clerk of the board of supervisors must, within three days after such rate has been fixed, transmit by mail, postage paid, to the controller, in such form as the controller; shall direct, a statement of the rate of taxation levied by the board of supervisors for county, or city and county, taxa- tion. If the clerk fails to transmit such statement in § 366S ASSESSMENT OF PROPERTY. S4<) the time herein provided for, he shall forfeit to the state one thousand dollars, to be recovered in an action brought by the attorney-general in the name of the controller. On. or before the second Monday of October the controller must compute and enter in separate money columns, in the "Duplicate Record of Apportionment of Railway As- sessments" the respective sums, in dollars and cents, re- jecting fractions of a cent, to be paid by the corporation, person or association liable therefor, as the state tax upon the total amount of the assessment, and the countj', or city and county, tax upon the apportionment of the assessment to each county, and city and county, of the property assessed to such corporation, person or associa- tion named in said duplicate record. En. Stats. 1883, 69. Am'd. 1891, 440; 1895, 813. Cal. Rep. Cit. 124, 502. § 3668. Publication by controller. Within ten days after the second Monday in October, the controller must pub- lish a notice for two weeks in one daily newspaper of gen- eral circulation at the state capital, and in two daily news- papers of general circulation published in the city of San Francisco, specifying — 1. That he has received from the state board of equaliza- tion the "Duplicate Record of Assessments of Railways" and the "Duplicate Record of Apportionment of Railway Assessments." 2. That the taxes on all personal property and one half of the taxes on all real property are now payable, and will be delinquent on the last Monday in November next, at six o'clock P. M., and that unless paid to the state treasurer at the capitol, prior thereto, five per cent will be added to the amount thereof, and unless so paid on or before the last Monday in April next, at six P. M., an additional five per cent will be added to the amount there- of. That the remaining one half of the taxes on all real property will be due and payable at any time after the first Monday in January next, and will be delinquent on the last Monday in April next, at six o'clock P. M., and that unless paid to the state treasurer, at the capitol, prior thereto, five per cent will be added to the amount thereof. On the last Monday in April of each year, at six o'clock P. M., all unpaid taxes are delinquent, and thereafter there must be collected by the state treasurer, or other proper officer, an addition of ten per centum upon those taxes S41 ASSESSMENT OF PROPERTY. § 36K9 which became 'delinquent the preceding November, and have not been paid, prior to the said time, on the last Monday in April of each year, and an addition of five per centum upon all taxes for the preceding year, which became delinquent on the said last Monday in April, which sum, when collected, must be set aside by the treasurer as a fund with which to pay the contingent expenses of actions against any delinquents, the said expenses to be audited by the board of examiners, and any surplus re- maining shall go into the general school fund of the state. When any taxes are paid to the state treasurer by order of the controller, upon assessments made and apportioned by the state board of equalization, the con- troller must forthwith notify the auditor and treasurer, respectively, of each county, and city and county, that such taxes have been paid, and of the amount thereof to which each county, and city and county, interested is entitled. The state's portion of the taxes must be dis- tributed by the treasurer to each fund entitled thereto, and the portion belonging to the counties and cities and coun- ties must be placed in a fund, to be called "Railway Tax Fund," to the credit of each county and city and county entitled thereto. When any taxes are placed in the "Rail- way Tax Fund" to the credit of a county, or city and county, the controller, at the next settlement with the controller by the treasurer of such county, or city and county, must draw and deliver to such treasurer his war- rant upon the state treasurer for the amount in the fund to the credit of such county, or city and county. En. Stats. 1883, 69. Am'd. 1891, 441. Cal. Rep. Cit. 83, 396; 105, 583; 105, 594; 124, 502. § 3669. Certain taxes to be paid state treasurer. Each corporation, person or association assessed by the state board of equalization must pay to the state treasurer, upon the order of the controller, as other moneys are required to be paid into the treasury, the state and county and city and county taxes each year levied upon the property so assessed to it or him by said board. Any corporation, person or as- sociation dissatisfied with the assessment made by the board, upon the payment of the taxes due upon the assess- ment complained of, and the percentage added, if to be added, on or before the first Monday in June, and the filing of notice with the controller of an intention to begin an action, may, not later than the first Monday in June, bring § 3669 ASSESSMENT OF PROPERTY. si'J an action against the state treasurer for the recovery of the amount of taxes and percentage so paid to the treas- urer, or any part thereof, and in the complaint may allege any fact tending to show the illegality of the tax, or of the assessment upon which the taxes are levied, in whole or in part. When any person, corporation or association has made payment of any of the taxes, penalties, percentages, or costs herein referred to, which have been subsequently adjudged illegal, and still remain in the hands of the state treasurer such person, corporation or association shall be entitled to a refund thereof, although the payment of such taxes, penalties, percentages and costs may not have been under protest, nor a notice filed with the controller of an intention to begin an action to recover the same, as here- inbefore provided. And in case of failure or refusal by the state treasurer to pay the same to such person, corporation or association upon its demand, an action may he brought against the state treasurer for the recovery of the amount of taxes and percentage so paid to the treasurer or any part thereof. 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 within ten days after the complaint has been filed, and the treasurer has thirty days within which to demur or answer. At the time the treasurer demurs or answers, he may be- mand that the action be tried in the superior court of the county of Sacramento. The attorney-general must defend the action. The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials and appeals are ap- plicable to the proceedings herein provided for. If the final judgment be against the treasurer, upon presentation of a certified copy of such judgment to the controller he shall draw his warrant upon the state trea:aurer, who must pay to the plaintiff the amount of the taxes so declared to have been illegally collected ; and the cost of such action, audited by the board of examiners, must be paid out of any money in the general fund of the treasury, which is hereby appro- priated and the controller may demand and receive from the county, or city and county interested, the proportion of such costs, or may deduct such proportion from any money then or to become due to said county, or city and county. Such action must be begun on or before the first Monday in June of ttie year succeeding the passage of this S43 ASSESSMENT OF PROPERTY. § 3670 act in the case of taxes heretofore paid, and on or before t' J first Monday in June of the year succeeding ihe year in which the taxes were levied, and a failure to begin such action is deemed a waiver of the rights of action. En. Stats. 1883, 70. Am'd. 1891, 442; 1905, 823. Cal. Rep. Cit. 83, 39G; 105, 583; 117, 440; 124, 502. § 3670. Controller to sue for delinquent taxes. Within sixty days after the first Monday in June of each year, the controller must begin an action in the proper court, in the namo of the people of the state of California, to collect the delinquent taxes upon the property assessed by the state board of equalization; such suit must be for the taxes d;-e th' state, and all the counties, and cities and counties, upon property assessed by the board of equalization and appearing delinquent upon the "Duplicate Pecord of Apportionment of Railway Assessments." The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials and appeals are applicable to the proceedings herein provided for. In such action, should a writ of attachment be demanded aud issued, no bond nor affidavit previous to the issuing of said attachment is reruired. If in such action the plain- t.J recover judgment, there shall be included in the judgment aL counsel fees, and in case of judgment of taxes, after suit brought but before judgment, the de- fendant must pay as counsel fees such sum as the court may determine to be reasonable and just. Payment of the taxes, or the amount of the judgment in the same, must be made to the state treasurer. In such actions the "Duplicate Record of Assessments of Railways" and the "Duplicate Record of Apportionment of Railv/ay Assess- ments," or a copy ot them, certified by the controller, showing unpaid taxes against any corporation, person or association for property assessed by the state board of equalization, is prim^ facie evidence of the assessment, t^e property assessed, the delinquency, the amount of th: taxes due and urpaid to the state, and counties, or cities and counties therein named, and that the corporation, person or association is indebted to the people of the state of California in the amount of taxes, state and coun- ty, and city and county, therein appearing unpaid, and that all the forms of law in relation to the assessment and levy of such taxes have been complied with. En Stats. 1883, 71. Am'd. 1891, 442; 1895, 314. §§ 3671, 3672 EQUALIZATION OF TAXES. 8*4 Cal. Rep. Cit. 68, 5':2; 69, 648; 83, 396; 83, 398; 83, 403; 105, 583; 105, 588; 105, 591; 105, 59G; 108, 48; 137, 661. § 3671. Basis of taxation for counties. The assessment made by the county assessor, and that of the state board of equalization, as apportioned by the boards of super- visors to each city, .own, township, school, road or other district in their respective counties, or cities and coun- ties, shall oe the only basis of taxation for the county, or any subdivision thereof, except in incorporated cities and towns, and may also be taken as such basis in incor- porated cities and towns when the proper authorities may so elect. All taxes upon townships, road, school or other local districts shall be collected in the same manner as county taxes. En. Stats. 1883, 72. Cal. Rep. Cit. 68, 552; 91, 434; 137, 661; 137, 66z. CHAPTER IV. EQUALIZATION OF TAXES. Article I. County Boards of Equalization, §§ 3672-36S2. II. State Board or Equalization, §§ 3692-3705. ARTICLE I. COUNTY BOARDS OF EQUALIZATION. § 3672. Supervisors, when to equalize assessment. § 3673. Supervisors empowered to equalize assessment. § 3674. No reduction to be made unless on application of person as- sessed. § 3675. Examination of person assessed by supervisors for purposes of equalization. 8 3676. Supervisors may subpoena witnesses and take evidence. § 3677^ Assessor and deputy to attend upon hearing of application. 8 3678. Abstract of incumbrances furnished by recorder, and action thereon. 8 3679. Supervisors to use records in equalizing assessments. § 36SU. Sale of land for taxes, stamping on later bills. § 3681. Suporvisois may revise assessment list. 8 3(;S2. Clerk's record of alterations, etc., and oath to correctness of same. § 3672. Supervisors, when to equalize assessment. The board of supervisors of each county must meet on the first Monday of July in each year to examine the assess- ment book and equalize the assessment of property in 845 EQUALIZATION OF TAXES. §§ 3673-367H the county. It must continue in session for that purpose, from time to time, until the business of equalization is disposed of, but not later than the third Monday in July. En. March 12, 1872. Am'd. 1891, 444. Cal. Rep. Cit. 75, 174; 116, 352; 116, 354; 129, 299; 131, 228. § 3673, Supervisors empowered to equalize assessment. 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 such property in money. En. March 12, 1872. Am'd. 1880, 15. Cal. Rep. Cit. 46, 671; 62, 116; 64, 508; 82, 216; 104. 164; 112, 597; 131, 228; 131, 230; 137, 522. County boards of equalization provided for by Const. Cal., art. XIII, sec. 9. § 3674. No reduction to be msde unless on application of person assessed. No reduction must be made in the valuation of property unless the party affected thereby, or his agent, makes and files with the board a written ap- plication therefor, verified by his oath, showing the facts upon which it is claimed such reduction should be made. En. March 12, 1872. Cal. Rep. Cit. 64, 508. § 3675. Examination of person assessed by supervisors for purposes of equalization. Before the board grants the application or makes any reduction applied for, it must first examine, on oath, the person or the agent making the application, touching the value of the property of such person. No reduction must be made unless such person or the agent making the application attends and answers all questions pertinent to the inquiry. En. March 12, 1872. Cal. Rep. Cit. 61, 55; 64, 508. § 3676. Supervisors may subpoena witnesses and take evidence. Upon the hearing of the application the board may subpoena such witnesses, hear and take such evi- dence in relation to the subject pending, as in its dis- cretion it may deem proper. En. March 12, 1872. Gal. Rep. Cit. 64, 508; 82, 218. §§ 3677, 3678 EQUALIZATION OP TAXES. M« § 3677. Assessor and deputy to attend upon hearing of application. During the session of the board the assessor and any deputy whose testimony is needed must be pres- ent, and may make any statement, or introduce and ex- amine witnesses on questions before the board. En. March 12, 1872. Cal. Rep. Cit. 64, 508; 131, 228; 131, 230. § 3678. Abstract of incumbrances furnished by recorder, and action thereon. To assist the assessor in the perform- ance of his duties, the recorder must annually transmit to the assessor, on or before the first Monday in April of each year, a complete abstract of all mortgages, deeds of trust, contracts, and other obligations by which any debt is secured, remaining unsatisfied on the records of bis office, not barred by the statute of limitations, at twelve o'clock meridian, on the first Monday of March of said year. Such abstract shall be written under appropriate headings, to embrace all information requisite for the as- sessor, in a book or books to be furnished by the board of supervisors upon the requisition of the assessor. Should any such list be found to contain any instrument relating to lands situated in more than one county, it shall be the duty of the assessor to transmit to the state board of equalization all information relating thereto on or before June first of said year; and it shall be the duty of the said board to attach an apportionment of valuation of such instrument to be assessed in each county, and the board shall transmit to the assessor of each county men- tioned as affected in said instrument, a statement of valuation of assessment to be levied against said instru- ment in each county. The valuation so set by said board shall be final, and the assessor shall accept said valuation and charge said assessment upon said instrument accordingly. Should the list contain any instrument mortgaging or pledging two or more subdivisions of land, or land as- sessed in two or more subdivisions in the same county, to.vnship, district cr city, the assessor shall apportion the amount of assessment to be deducted from each sub- division on account of assessment against said instru- ment. Any assessment on a mortgage, or deed of trust, which has been erroneously taxed to the mortgagee or party loaning the money, when the same has been paid or satisfied prior to the first Monday in March, shall be valid only as against the real estate from the assessment on which a reduction has been previously made. When par- 847 EQUALIZATION OF TAXES. §§ 367S, iBSO tial payments have been made on a debt, secured by mortgage, or deed of trust, the owner is authorized to make th* proper deduction, listing only the balance due on the first Monday in March. The recorder must, at the time he furnishes the abstract of mortgages to the assessor, furnish said officer with a complete and true statement of all property which has been redeemed under or by virtue of any sale made to the state for delinquent taxes, together with a complete and true statement of all property sold to the state and remaining unredeemed. When necessary, the board of supervisors of each county must provide for the payment of such additional clerical force as may be required to enable the county recorder to comply with this section. En. March 12, 1872. Am'd. 1880, 15; 1895, 314. Cal. Rep. Cit. 60, 372; 66, 215; 131, 228; 141, 726; 145, 198. § 3679. Supervisors to use records in equalizing assess- ments. The board, must use the abstract and all other information it may gain from the records of the county recorder or elsewhere, in equalizing the assessment of the property of the county, and may require the assessor to enter upon the assessment book any property which has not been assessed; and any assessment made as pre- scribed in this section has the same force and effect as if made by the assessor before the delivery of the assess- ment book to the clerk of the board. En." March 12, 1872. Am'd. 1880, 16. Cal. Rep. Cit. 62, 117; 131, 228; 146, 676. § 3680. Sale of land for taxes, stamping on later bills. Whenever property has been sold for taxes and remains unredeemed, upon each subsequent assessment the as- sessor shall enter upon the assessment book, immediately after the description of the property, the fact that said property has been sold for taxes, and the date of such sale. Upon all bills or statements of or for taxes accruing on said property, subsequent to the date of said sale and prior to the redemption of said property, or the execution to the state of a deed therefor, shall be distinctly and legibly written, printed, or stamped, the words "Sold for taxes," and also the date of such sale. En. March 12, §§ 36S1, 3682 EQUALIZATION OF TAXES. MS 1872. Am'd. 1873-4, 159. Rep. 1880, 17. En. Stats. 1895. 315. § 3681. Supervisors may revise assessment list. During the session of the board, it may direct the assessor to assess any taxable property that has escaped assessment, or to add to the amount, number, or quantity of property, when a false or incomplete list has been rendered; and to make and enter new assessments (at the same time canceling previous entries), when any assessment made by him is deemed by the board so incomplete as to render doubtful the collection of the tax; but the clerk must notify all persons interested, by letter deposited in the postoffice or express, postpaid, and addressed to the per- son interested, at least five days before action taken, of the day fixed when the matter will be investigated. En. March 12, 1872. Am'd. 1897, 429. Cal. Rep. Cit. 62, 102; 64, 508; 97, 323; 146, 676; 146, 677; 146, 678. § 3682. Clerk's record of alterations, etc., and oath to correctness of same. The clerk of the board must record, in a book to be kept for that purpose, all changes, cor- rections, and orders made by the board, and during its session, or as soon as possible after its adjournment, must enter upon the assessment book all changes and corrections made by the board, and on or before the first Monday of August must deliver the assessment so cor- rected to the county auditor, and accompany the same with an affidavit thereto affixed, subscribed by him, as follows: "I, , do swear that, as clerk of the board of supervisors of County, I have kept correct minutes of all the acts of the board touching alterations in the assessment book; that all alterations agreed to or directed to be made have been made and entered in the book, and that no changes or alterations have been made therein ex- cept those authorized." En. March 12, 1872. Cal. Rep. Cit. 07, 626; 129, 299; 137, 521; 137, 523; 142, 563; 146, 677. 849 EQUALIZATION OP TAXES. § 369a ARTICLE II. STATE BOARD OF EQUALIZATION. § 3692. Powers and \1uties of board. § 369.J. Equalization of assessments. § 3694. Penalty for failure of auditor to forward statement. § 3695. Statement of charges made by board, S'ent to county auditors. Same as evidence. § 3C96. Fi.xing rate of state tax, notice of. § 3697. Penalty for refusing to obey rules and regulations of board. § 369S. Piosecution of assessor fraudulently assessing property. § 3099. Clerk and members of board may administer oaths. § 3700. Salary of members and of clerk. § 3701. Salary of clerk. § 3702. Traveling expenses, office and incrdentals. § 3703. Official bonds of members of the board. (Kepealed.) § 3704. Duty of board upon failure of county boards to appoint asses- sors, etc. (Repealed.) § 370.5. State board may extend time. § 3692. Powers and duties of board. The powers and duties of the state board of equalization are as follows: 1. To prescribe rules for its own government and for the transaction of its business. 2. To prescribe rules and regulations, not in conflict with the constitution and laws of the state, to govern su- pervisors when equalizing, and assessors hen assessing. 3. To make out, prepare, and enforce the use of all forms in relation to the assessment of property, collection of taxes, and revenue of this state. 4. To hold regular meetings at the state capitol, on the second Monday in each month, and such special meetings as the chairman may direct. 5. To annually assess the franchise, roadway, roadbed, rails, and rolling stock of all railroads operated in more than one county in this state, at their actual value, on the first Monday in March, at twelve o'clock M., and to ap- portion such assessment to the counties and cities and counties in which such railroads are located, in proportion to the number of miles of railway laid in such counties and cities and counties in the manner provided for in section three thousand six hundred and sixty-four of said code. 6. To equalize the assessment of each mortgage, deed of trust, contract, or other obligation by which a debt is se- cured, and which affects property situate in two or more counties, and to apportion the assessment thereof to each of such counties. I Pol. Code— 54 § 3692 EQUALIZATION OF TAXES. 850 7. To transmit to tlie assessor of each county, or city and county, its apportionment of the assessments -nade by said board upon the franchises, I'oadways, roadbeds, rails, and rolling stock of railroads, and also its apportionment of the assessments made by such board upon mortgages, deeds of trust, contracts, and other obl;gations by which debts are secured, in the manner provided for in section three thousand six hundred and sixty-four of said code. 8. To meet at the state capitol on the first Monday in August, and remain in session from day to day, Sundays excepted, until the second Monday in September. 9. At such meeting to equalize the valuation of the taxable property of the several counties in this state for the purposes of taxation; and to the end, under such rules of notice to the clerk of the board of supervisors of the county affected thereby, as it may prescribe, to increase or lower the entire assessment-roll so as to equalize the assessment of the property contained in said roll, and make the assessment conform to the true value in money of the property assessed; and to fix the rate of state taxation, and to do the things provided in section three thousand six hundred and ninety-three of said code; provided, that no board of equalization shall raise any mortgage, deed of trust, contract, or other obligation by which a debt is secured, money, or solvent credits, above its face value. 10. To visit as a board, or by the individual members thereof, whenever deemed necessary, the several counties of the state, for the purpose of inspecting the property and learning the value thereof. 11. To call before it, or any member thereof, on such visit, any oflicers of the county, and to require them to produce any public records in their custody. 12. To issue subpoenas for the attendance of witnesses or the production of books before the board, or any mem- ber thereof, which subpoenas must be signed by a member of the board, and may be served by any person. 13. To appoint a clerk, prescribe, and enforce his duties. The clerk shall hold his office during the pleasure of the board. 14. To report to the governor, annually, a statement Hhowing: First — The acreage of each county in the state that is assessed. 851 EQUALIZATION OF TAXES. §§ 36a3-3t)a5 Second — The amount assessed per acre. Third — The aggregate value of all town and city lots. Fourth — The aggregate value of all real estate in the state. Fifth — The kinds of personal property in each county, and the value of each kind. Sixth — The aggregate value of all personal property In the state. Seventh — Any information relative to the assessment of property, and the collection of revenue. Eighth — Such further suggestions as it shall deem proper. 15. To keep a record of all its proceedings. En. March 12, 1872. Am'd. 1875-6, 12; 1880, 25; 1891, 444; 1895, 316. Cal. Rep. Cit. 60, 27; 60, 33; 137, 522. Subd. 2—46, 505. Subd. 6—46, 505. Subd. 7—46, 505. Subd. 8—68, 497. Subd. 9—60, 30; 68, 497. § 3693. Equalization of assessments. When, after a general investigation by the board, the property is found to be assessed above or below its full cash value, the board may, without notice, so determine, and must add to or deduct from the valuation: 1. The real estate. 2. Improvements upon such real estate. 3. The personal property, such per centum, respectively, as is sufficient to raise or reduce it to its full cash value; provided, that no board of equalization shall raise any mortgage, deed of trust, contract, or other obligation by which a debt is secured, money, or solvent credits above its face value. En. March 12, 1872. Am'd. 1873-4, 147. Rep. 1875-6, 14. En. Stats. 1880, 27. Am'd. 1895, 317. Cal. Rep. Cit. 46, 505; 47, 651; 47, 659; 60, 27; 60, 30; 60, 31. § 3694. Penalty for failure of auditor to forward state- ment. Every county auditor who falls to forward to the state board of equalization, and to the controller, the statement provided for in section three thousand seven hundred and twenty-eight, forfeits to the state one thou- sand dollars, to be recovered in an action brought by the attorney-general, in the name of the state board of equal- ization. En. March 12, 1872. Am'd. 1875-6, 13; 1895, 317. Cal. Rep. Cit. 46. 505; 47, 665. § 3695. Statement of changes made by board, sent to county auditors. Same as evidence. When the equaliza- §§ 3696-3698 EQUALIZATION OF TAXES. . 852 tion among the several counties is comoleted, the clerk of the board must transmit to each county auditor a state- ment of the changes made by the board in the assessment- roll of the county, or in any assessment contained therein, and of the per centum to be added to or deducted from the valuation of such statement, which 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 statement. En. March 12, 1872. Rep. 1875-6, 14. En. Stats. 1880, 27. Cal. Rep. Cit. 46, 505; 68, 497; 137, 251. Prima facie evidence defined: Code Civ. Proc. sec. 1833. § 3696. Fixing rate of state tax, notice of. Between the first and second Mondays in September of each year, the board must determine the rate of state tax to be levied and collected upon the assessed valuation of the property of the state, which, after allowing five per cent for de- linquencies in and costs of collection of taxes, must be sufiicient to raise the specific amount of revenue directed to be raised by the legislature for state purposes. The board must immediately thereafter transmit to the board of supervisors and county auditor of each county a state- ment of such rate, and upon its receipt the clerk of said board and county auditor must each, in writing, notify the state board of equalization thereof. En. March 12, 1872. Am'd. 1873-4, 147; 1873-4, 159; 1875-6, 13; 1877-8, 65; 1891, 445; 1893, 300. Cal. Rep. Cit. 46, 476; 46, 480; 46, 506; 46, 490; 47, 650; 47, 652; 47, 065; 53, 178; 68, 498; 146, 534, § 3697. Penalty for refusing to obey rules and regula- tions of board. Every person served with a subpoena who fails or neglects, without just excuse, to obey it, and every oflicer who refuses to obey the rules and regulations prescribed by the board, or to perform the duties pre- scribed therein, forfeits to the state five hundred dollars, to be recovered by action in the name of the board, which action may be commenced and tried in any county of the state. En. March 12, 1872. Cal. Rep. Cit. 76, 279. § 3698. Prosecution of assessor fraudulently assessing property. Whenever the state board of equalization is satisfied that the assessor or a deputy assessor of any county has knowingly, fraudulently, or corruptly assessed any property below its actual cash value, it must Imme- S53 EQUALIZATION OF TAXES. §§ 3699-3704 diately inform the district attorney of such county In writing of the facts that may have come to its knowledge, with a request that such assessor or deputy assessor be prosecuted, and the district attorney must at once comply with such request. En. March 12, 1872. § 3699. Clerk and members of board may administer oaths. The clerk or any member of the board may admin- ister and certify oaths. En. March 12, 1872. § 3700. Salary of members and of clerk. The annual salary of each member of the board, except the state controller, is three thousand dollars, and the annual salary of the clerk of the board is eighteen hundred dollars, and each of said oflBcers shall devote his entire time to the service of the state in performing the duties and acquir- ing the information required by this act. En. March 12, 1872. Rep. 1875-6, 14. En. Stats. 1880, 27. § 3701. Salary of clerk. The salary of the clerk of the state board of equalization is twenty-four hundred dollars per annum. En. March 12, 1872. Rep. 1875-6, 14. En. Stats. 1883, 374. Sec. 2. So much of section 3700 of said code as con- flicts with this act is repealed. § 3702. Traveling expenses, office and incidentals. The members of the board are entitled to their actual traveling expenses, and for contingent clerical assistance while trav- eling, incurred by them in the discharge of their duties, the amount to be audited and allowed by the board of examiners; and the sum of five thousand dollars for each fiscal year is hereby continuously appropriated out of the general fund of the state treasury, to pay the same. The secretary of state must assign an oflBce for the board in the state capitol, in which must be transacted all its busi- ness, except as it in its nature must be transacted else- where. He must supply it with stationery, fuel, and light, and the superintendent of state printing must execute its orders for printing. En. March 12, 1872. Am'd. 1875-6, 13; 1880, 27; 1887, 56. § 3703. Official bonds of members of the board. (Re- pealed.) En. March 12, 1872. Rep. 1875-6, 14. § 3704. Duty of board upon failure of county boards to appoint assessors, etc. (Repealed.) En. March 12, 1872. Am'd. 1895, 318. Rep. 1901, 51. Cal. Rep. Cit. 46, 506; 102, 447. §§ 3705-3713 I.EVY OF TAXES. 864 § 3705. State board may extend time. The state board of equalization may, by an order entered upon its minutes, and certified to the county auditor of any county, extend, for not exceeding twenty days, the time fixed in this title for the performance of any act, by the county assessor, county auditor or county boards of equalization; provided, however, that in cases of conflagration or other public calamity within -the state, the state board of equalization may, by an order entered upon its minutes, and certified to the county auditor of any county, extend, for not ex- ceeding forty days, the time fixed in this title for the per- formance of any act in this section provided; and wherever any act to be performed or required by the laws of the state to be performed, by the state board of equalization is dependent for its performance on the act of any other oflicial or officials, which act or acts on the part of said other official or officials shall be extended under the provi- sions of this section, then and in that event, the state board of equalization shall have the same extension of time in which to perform the act so required of it by law, as given to said official or officials. En. March 12, 1872. Am'd. 1905, 318; June 16, 1906. Cal. Rep. Cit. 46, 506; 116, 353. CHAPTER V. LEVY OF TAXES. § 3713. Rate of taxation. Amounts required for the several funds. § 3714. Supervisors to regulate county rate of taxation. § 3715. When the supervisors fail to levy such taxes, etc. § 3716. Tax to operate as a judgment or lien against property. § 3717. Tax on personal pioperty a lien on real property. § 3718. Tax upon real property and tax on improvements a lien upon both. § 3719. Levy of state school tax. § 3713. Rate of taxation. Amounts required for the sev- eral funds. The state board of equalization must, for state purposes for the fifty-seventh and fifty-eighth fiscal years, fix such an ad valorem rate of taxation upon each one hundred dollars in value of taxable property in this state as, after allowing five per cent for delinquencies in and costs of collection of taxes, as provided in section three thousand six hundred and ninety-six of the Political Code, will raise for the fifty-seventh fiscal year: First — For the general fund, four million dollars. 865 LEVY OF TAXES. SS 3714, 3711 Second — For the school fund, two million eight hundred and fifty-one thousand seven hundred and eighty-six dol- lars. Third — For the high school fund, two hundred and seven- , teen thousand three hundred and thirty-five dollars. Fourth — For the interest and sinking fund, one hundred and forty-one thousand four hundred and thirty-five dol- lars. And for the fifty-eighth fiscal year: First — For the general fund, three million six hundred and eighty thousand dollars. Second — For the schoool fund, two million eight hundred and fifty-one thousand seven hundred and eighty-six dol- lars. Third — For the high school fund, two hundred and seven- teen thousand three hundred and thirty-five dollars. Fourth — For the interest and sinking fund, one hundred and forty-one thousand four hundred and thirty-five dol- lars. En. March 12, 1872. Am'd. 1871-2, 866; 1873-4, 160; 1875-6, 60; 1877-8, 67; 1880, 65; 1881, 123; 1885, 101; 1887, 151; 1889, 346; 1891, 470; 1893, 300; 1895, 161; 1897, 247; 1899, 131; 1901, 595; 1903, 335; 1905, 252. Cal. Rep. Cit. 60, 34; 80, 226; 87, 504; 142, 14. § 3714. Supervisors to regulate county rate of taxation. The board of supervisors of each county must, on the third Monday in September, fix the rate of county taxes, designating the number of cents on each one hundred dol- lars of property levied for each fund, and must levy the state and county taxes upon the taxable property of the county; provided, that it shall not be lawful for any board of supervisors of any county in the state to levy, nor shall any tax greater thau fifty cents on each one hundred dol- lars of property be levied and collected in any one year, to pay the bonded indebtedness, or judgment arising there- from, of this state, or of any county, or municipality in this state. En. March 12, 1872. Am'd. 1880, 16; 1880, 50; 1891, 445; 1895, 318. Cal. Rep. Cit. 66, 23; 68, 498; 89, 230; 96, 626; 96, 637; 97» 436; 118, 480; 120, 341; 123, 155; 146, 534; 147, 657. § 3715. When the supervisors fail to levy such taxes, etc. The action of the state board of equalization, in fixing the rate of taxation for state purposes is, in the absence of action by the board of supervisors, a valid levy of the rate so fixed, and imposes upon the auditor, tax collector, 28 §§ 3716-3719 LEVY OF TAXES. 856 and all other officers charged with the performance of any duties under the revenue law, the same obligations as if the board of supervisors had made the levy at the proper time. En. March 12, 1872. Cal. Rep. Cit. 46, 506. § 3716. Tax to operate as a judgment or lien against property. Every tax has the effect of a judgment against the person, and every lien created by this title has the force and effect of an execution duly levied against all property of the delinquent; the judgment is not satisfied nor the lien removed until the taxes are paid or the prop- erty sold for the payment thereof. En. March 12, 1872. Cal. Rep. Cit. 62, 645; 71, 207; 73, 612; 83, 407; 92, 629; 105, 595; 115, 172; 115, 173; 115, 175; 115, 176; 115, 177; 115, 179; 116, 523; 118, 492; 118, 494; 137, 421; 145, 58; 145, 60; 146, 534; 147, 657. § 3717. Tax on personal property a lien on real property. Every tax due upon personal property is a lien upon the real property of the owner thereof, from and after 12 o'clock M. of the first Monday in March in each year. En. March 12, 1872. Am'd. 1873-4, 159; 1880, 16. Cal. Rep. Cit. 71, 207; 73, 612; 76, 277; 83, 407; 92, 629; 115, 172; 115, 176; 118, 492; 118, 493; 123, 76; 147, 657. § 3718. Tax upon real property and tax on improve- ments a lien upon both. Every tax due upon real property is a lien against the property assessed; and every tax due upon improvements upon real estate assessed to others than the owner of the real estate, is a lien upon the land and improvements; which several liens attach as of the first Monday of March in each year. En. March 12, 1872. Cal. Rep. Cit. 76, 277; 83, 407; 89, 201; 96, 626; 115, 172; 115, 176; 123. 76: 131. 110. § 3719. Levy of state school tax. The state board of equalization must levy annually, at the time other state taxes are levied, a tax of such number of cents on each one hundred dollars of value of taxable property in the state as will produce a net sum equal to the amount directed by the legislature as being necessary to be raised, by an ad valorem tax, for school purposes; and the assess- ment and collection of said tax shall be performed in the same manner and at the same time as other state taxes are assessed and collected. En. Stats. 1873-4, 84. Am'd. 1895, 318. Cal. Rep. Cit. 87, 504. 857 DUTIES OF AUDITOR. §S 3727, 3728 CHAPTER VI. DUTIES OF THE AUDITOR IN RELATION TO REVENUE. § 3727. Auditor to enter what in assessment book. § 372S. Auditor to prepare duplicate statement, showing what. § 3729. Statements transmitted to state controller and board of equali- zation. § 3730. Auditor to generally follow directions of state board of equali- zation. § 3731. Auditor to compute and enter taxes and foot up totals. § 3732. Delivery of duplicate assessment book to collector, and audi- tor's affidavit. § 3733. .4uvlitor to retain original assessment book. (Repealed.) § 3734. Tax collector charged with full amount of taxes levied. § 3735. Auditor to verify all statements made by him. § 3736. Transfer of assessment book from one collector to another. § 3737. Auditor's statement, what must show; filing of. § 3738. Auditor to furnish assessor personal property receipts. § 3739. List of property redeemed. § 3727. Auditor to enter what in assessment book. The county auditor, as soon as the assessment book is delivered to him by the clerk of the board of supervisors, must proceed to a'dd to the valuations, and enter the total valu- ation of each kind of property, and the total valuation of all property, on the assessment book. The column of acres must show the total acreage of the county. En. March 12, 1872. § 3728. Auditor to prepare duplicate statement, showing what. The auditor must, on or before the second Monday in August in each year, prepare from the "Assessment Book" of such year, as corrected by the board of super- visors, duplicate statements showing in separate col- umns — 1. The number of acres of land. 2. The total value of all property. 3. The value of real estate. 4. The value of the improvements thereon. 5. The value of personal property, exclusive of money. 6. The amount of money. 7. The total assessed value of mortgages and trust deeds, with value of mortgages and trust 'deeds held by the vari- ous state institutions separately shown. 8. The assessed value of all property sold to the state for delinquent taxes. En. March 12, 1872. Am'd. 1891, 446; 1895, 318; 1897, 429. Cal. Rep. Cit. 46, 505. See post, sec. 3732. §§ 3729-3732 DUTIES OF AUDITOR. 8SS § 3729. Statements transmitted to state controller and board of equalization. The auditor must, as soon as such statements are prepared, transmit, by mail or express, one to the controller of state and one to the state board of equalization. En. March 12, 1872. § 3730. Auditor to generally follow directions of state board of equalization. As soon as the auditor receives from the state board of equalization a statement of the changes made by the board in the assessment book of the county, he must make the corresponding changes in the assessment book, by entering the same in a column pro- vided with a proper heading in the assessment boolc, count- ing any fractional sum when more than fifty cents as one 'dollar, and omitting it when less than fifty cents, so that the value of any separate assessment shall contain no frac- tion of a dollar; but he shall, in all cases, disregard any action of the board of supervisors which is prohibited by section three thousand six hundred and thirty-three of this code. En. March 12r 1872. Am'd. 1873-4, 147; 1875-6 13; 1880, 16; 1895, 319. Cal. Rep. Cit. 59, 333; 68, 498; 137, 252. § 3731. Auditor to compute and enter taxes and foot up totals. The auditor must then compute, and enter in a separate money column in the assessment book, the re- spective sums, in dollars and cents, rejecting the fractions of a cent, to be paid as a tax on the property therein enumerated, and segregate and place in the proper columns of the book the respective amounts due in installments, as provided in section three thousand seven hundred and forty-six of this code, and foot up the column, showing the total amount of such taxes, and the columns of. total value of property in the county, as corrected under the direction of the state board of equalization. En. March 12, 1872. Am'^d. 1875-6, 14; 1880, 27; 1895, 319. Cal. Rep. Cit. 68, 498; 118, 480; 120, 341; 146, 534. § 3732. Delivery of duplicate assessment book to col- lector, and auditor's affidavit. On or before the second Monday in October, he must deliver the corrected assess- ment book to the tax collector, with an affidavit attached thereto, and by him subscribed, as follows: "I, , auditor of the county of , do swear that I received the assessment book of the taxable property 859 DUTIES OF AUDITOR. 5§ 8733-S737 from the clerk of the board of supervisors, with his affi- davit thereto affixed, and that I have corrected it and made it to conform to the requirements of the state board of equalization; that I have reckoned the respective sums due as taxes, and have added up the columns of valuation, taxes, and acreage, as required by law." En. March 12, 1872. Am'd. 1873-4, 148; 1875-6, 14; 1880, 27; 1891, 446; 1895, 319; 1897, 430. Cal. Rep. Cit. 66, 24; 118, 480; 137, 521; 137, 522. § 3733. Auditor to retain original assessment book. (Repealed.) En. March 12, 1872. Rep. 1895, 319. § 3734. Tax collector charged with full amount of taxes levied. On delivering the assessment book to the tax collector, the auditor must charge the tax collector with the full amount of the taxes levied, except the taxes due upon the railway assessments made by the state board of equalization, and forthwith transmit by mail to the con- troller of state, in such form a^ the controller may pre- scribe, a statement of the amount so charged. Any audi- tor failing to forward such statement to the controller for ten days after the roll has been delivered to the tax col- lector, forfeits to the state one thousand dollars, to be recovered in an action brought by the attorney-general, in the name of the controller. En. March 12, 1872. Am'd. 1883, 72; 1895, 320; 1897, 430. § 3735. Auditor to verify all statements made by him. The auditor must verify, by his affidavit attached thereto, all statements made by him under the provisions of this title. En. March 12, 1872. § 3736. Transfer of assessment book from one collector to another. The auditor, if the assessment book or the delinquent tax list is transferred from one collector to another, must credit the one and charge the other with the amount then outstanding on the tax list. En. March 12, 1872. Am'd. 1895, 320. § 3737. Auditor's statement, what must show; filing of. The auditor must, on or before the meeting of the board of supervisors on the third Monday in September, prepare a statement, in duplicate, showing: First — The indebtedness of the county, funded and floating, the amount of each class, and the rate of inter- est borne by each class of such indebtedness, or any part thereof. §§ 3738, 3739 DUTIES OF AUDITOR. 880 Second — A concise description of all property owned by the county, with an approximate estimate of the value thereof, and the amount of cash in the county treasury subject to the payment of such indebtedness. Third — The rate of taxation for county purposes, as shown by the last tax levy made by the board. Fourth — The assessed value of all property, in detail, for the year. Fifth — Such other information as the board of super- visors or the controller of state may require. One of the statements mentioned in this section must be filed with the board on the third Monday in September and the other forwarded immediately, by mail or express, to the controller of state. The controller shall include in his biennial report to the governor a digest and synop- sis, in tabular form, of all reports received by him under the provisions of this section. Any auditor failing to fur- nish such statement within the time prescribed by law, or to forward to the controller as herein directed, forfeits to the county one thousanti dollars, to be recovered in an action brought by the district attorney in the name of the county. En. 1873-4, 156. Rep. 1895, 320. En. Stats. 1897, 430. Cal. Rep. Cit. 76, 279; 147, 657. § 3738. Auditor to furnish assessor personal property receipts. On or before the first Monday in March of each year, the auditor shall furnish the assessor with blank "personal property" receipts in book form, with stubs attached, numbered the same as the receipts, each book having fifty receipts, in a form prescribed in section three thousand six hundrd and forty, and charge the assessor with the number of receipts issued. On the first Monday in August, the assessor shall return all unused receipts, and the auditor shall credit him with the numbers returned. En. Stats. 1873-4, 156. Am'd. 1895, 320. Cal. Rep. Cit. 66, 24. § 3739. List of property redeemed. On or before the hour of the day fixed by the tax collector for the sale of the property delinquent for taxes, the auditor must furnish such tax collector a report, in condensed form, of all prop- erty redeemed since the date of the tax sale for the pre- ceding year. The tax collector must use such report in the enforcement of sections three thousand seven hun- dred and seventy-one, three thousand eight hundred and thirteen, and three thousand eight hundred and fourteen. En. Stats. 1897, 431. 861 COLLECTION OF PROPERTY TAXES. CHAPTER VII. COLLECTION OF PROPERTY TAXES. § 3746. Tax collector to publish notice, specifying what. § 3747. Taxes on any particular parcel of land may be paid separately. § 3748. Time and place of payment. § S74'9. Manner of publication of notice. § 3750. Tax collector to note date of payment. § 3751. Receipt to be given. § 3752. Payment of taxes of decedents, how enforced. § 3753. Settlement of collector with auditor; when made; form of. § 3754. Liability of tax collector refusing or neglecting to settle. § 3755. Action against collector for such refusal or neglect. § 3756. When taxes are delinquent. Penalty. § 3757. Certain times when taxes must not be received. (Repealed.) § 3758. Entry of penalty for delinquency. § 3759. When delinquent list must be complete'd. § 3760. Matters to be set down in numerical or alphabetical order. § 3761. Credit to be given to tax collector on final settlement. § 3762. Tax collector chaiged with delinquent taxes and penalty. § 3763. Auditor's statement to state controller. § 3764. Publication of delinquent list. § 3765. Notice of sale. § 3766. Manner of making publication. § 3767. Time and place tf sale to be designated. § 3768. Sale, when and v/here to take place. (Repealed.) § 3769. Copy of publication; with whom filed. § 3769a. Land sold for taxes encumbered by trust deed or mortgage. § 3770. Additional sum collected to defray costs. § 3771. Property sold to state by operation of law. § 3772. Statement of sales § 3773. Sale of property. (Repealed.) § 3774. Idem. (Repealed.) § 3775. Idem. (Repealed.) § 3776. Collector to give purchaser a certificate of tax sale. § 3777. Record of certificates of tax sale. § 3778. Collector to enter in a book description, etc., of land sold. (Repealed.) § 3779. Lien of state vests in purchaser; how divested. (Repealed.) § 3780. Time for redemption of property. § 3781. Redemption, how made. Distribution of proceeds. § 37S2. Redemption. (Repealed.) § 3783. Idem. (Repealed.) § 3784. Idem. (Repealed.) § 3785. Collector's deed when property is not redeemed in time. § 3786. Recitals in deed primary evidence of what. § 3787. Deed conclusive evidence of what. § 3788. State lands not paid for in full subject to entry and sale. § 3789. Prima facie evidence of assessment; what constitutes. § 3790. Seizure and sale of personal property for taxes. § 3791. Manner of conducting sale, etc. § 3792. Sale must be made after notice. § 3793. Collector's charge..; and mileage. § 3794. Title vests in purchaser on payment. § 3795. Excess of proceeds; disposition of. § 3796. Unsold portion to remain at risk of owner. § 3797. Comparison of delinquent list with unpaid assessments. § 379S. Oath administered to tax collector. § 379'J. Final settlement of collector with au-ditor. § 3800. Collector's affidavit, indorsed on list. 5 3801. List of lands sold. § 3746 COLLECTION OF PROPERTY TAXES. 862 § 3S02. Unpaid taxes not canceled to be entered. (Repealed.) § 3S03. Idem. (Repealed.) § 3S04. Taxes illegally collected to be refunded. § 3805. When land asssessed more than once. § 3S05a. Public lands upon which final payment has not been made; If land has been sold to state for taxes, cancellation of assess- ment. § 3805b. Clerical errors in certificate of sale, correction of. § 3806. Land irregularly assessed, etc., not to be sold. § 3S07. What mistakes do not affect sale of property for taxes. § 3S08. Collection of taxes from persons assessed, but removed to an- other county. § 3809. Evidence on trial of suit for such taxes. § 3810. Expenses of proceedings, how paid. (Repealed.) § 3811. Where assessment void in part. (Repealed.) § 3812. Duty when sale protested against. (Repealed.) § 3813. Property sold to state assessed subsequently. § 3814. After sold to state no sale to be had for assessments. § 3815. All costs must be paid before redemption. § 3816. Distribution of redemption moneys. § 3817. Redemption by heirs, executors et al. § 3818. Partial redemption § 3819. Payment under protest. § 3746. Tax collector to publish notice, specifying what. Within ten days after the receipt of the assessment book, the tax collector must publish a notice specifying: 1. That the taxes on all personal property secured by real property, and one half of the taxes on all real prop- erty, will be due and payable on the second Monday in October, and will be delintjuent on the last Monday in November next thereafter, at six o'clock P. M., and that unless paid prior thereto, fifteen per cent will be added to the amount thereof, and that if said one half be not paid before the last Monday in April next, at six o'clock P. M., an additional five per cent will be added thereto. That the remaining one half of the taxes on all real prop- erty will be payable on and after the first Monday in Jan- uary next and will be delinc[uent on the last Monday in April next, thereafter, at six o'clock P. M., and that unless paid prior thereto, five per cent will be added to the amount thereof. 2. That all taxes may be paid at the time the first in- stallment, as herein provided, is due and payable. 3. The times and places at which payment of taxes may be made. En. March 12, 1872. Am'd. 1875-6, 59; 1880, 65; 1891, 446; 1895, 320; 1897, 431. Cal. Rep. Cit. 137, 521; 137, 522; 137, 523; 137, 524. Acts providing for levy and collection of taxes: See General Laws, title Taxation. Act requiring uniform method of collection of taxes: See General Laws, title Taxation. 863 COLLECTION OF PROPEHTT TAXES. §§ 3747-3751 § 3747. Taxes on any particular parcel of land may be paid separately. The taxes on any particular lot, piece, or parcel of land contained in any assessment may be paid separately from the whole assessment, if such lot, piece, or parced has a separate valuation on the assessment roll, by paying the amount of state and county taxes due on such lot, piece, or parcel of land, with a proper proportion of the amounts due as tax on personal property, penalties, if any, and a proper proportion of the tax due to any school, road, or other lesser taxation district. The tax collector shall make an entry on the margin of the assess- ment book, showing what certain property has been re- leased by the payment of the taxes as herein provided, together with the amounts of such taxes separately and specifically set forth. En. March 12, 1872. Am'd. 1877-8, 68; 1889, 217; 1895, 320; 1901, 648. § 3748. Time and place of payment. All taxes must be paid at the office of the tax collector, unless the board of supervisors by order, made on or before the first Mon- day in October, direct that the taxes must be collected in the several townships of the county, or in either thereof, or in any municipal corporation in said county; in which case the notice by the tax collector must specify a time and place within any township or murricipal corporation named in such ord^er, when and where the tax collector will at- tend to receive the payment of taxes. En. March 12, 1872. Am'd. 1889, 217; 1895, 321. § 3749. Manner of publication of notice. The notice in every case must be published for two weeks in some weekly or daily newspaper published in the coutny, if there is one; or if there is not, then by posting it in three public places in each township. En. March 12, 1872. Cal. Rep. Cit. 53, 394. § 3750. Tax collector to note date of payment. The tax collector must mark the date of payment of any tax, or of the several partial payments, as the case may be, in the assessment book, opposite the name of the person paying. En. March 12, 1872. Am'd. 1891, 447. § 3751. Receipt to be given. He must give a receipt to the person paying any tax, or any part of any tax, specify- ing the amount of the assessment and the tax, or part of tax, paid, and the amount remaining unpaid, if any, with a §§ 3752-3755 COLLECTION OF PROPERTY TAXES. 8W description of the property assessed; provided, that the receipt for the last installment of taxes may refer, by 'number or any other intelligent manner, to the receipt given for the first installment of taxes, in lieu of a descrip- tion of the property assessed. En. March 12, 1872. Am'd. 1891, 447. § 3752. Payment of taxes of decedents, how enforced. The superior court must require every administrator or executor to pay out of the funds of the estate all taxes due from such estate; and no order or decree for the distribution of any property of any decedent among the heirs or devisees must be made until all taxes against the estate are paid. In the same manner the court must require the assignee to pay out of the funds of an insol- vent's estatfe all taxes due from such estate; and no final discharge to such assignee shall be granted until all taxes against the insolvent's estate are paid. En. March 12. 1872. Am'd. 1880, 16; 1895, 321. Cal. Rep. Cit. 71, 207; 93, 475; 133, 184. Taxes paid by parties interested in estate inure to benefit of all: Ante, sec. 3642. § 3753. Settlement of collector with auditor; when made; form of. On the "first Monday in each month the tax collector must settle with the auditor for all moneys col- lected for the state or county, and pay the same to the county treasurer, and on the same day must deliver to and file in the office of the auditor a statement, under oath, showing: 1. An account of all his transactions and receipts since his last settlement; 2. That all money collected by him as tax collector has been paid. En. March 12, 1872. Cal. Rep. Cit. 52, 199; 122, 537; 122, 538; 126, 257; 146. 719. § 3754. Liability of tax collector refusing or neglecting to settle. A tax collector refusing or neglecting for a period of five days to make the payments and settlements required in this title, is liable for the full amount of taxes charged upon the assessment roll. En. March 12, 1872. Cal. Rep. Cit. 122, 537; 122, 538. § 3755. Action against collector for such refusal or neglect. The district attorney must bring suit against the 865 COLLECTION OF PROPERTY TAXES. §§ 3756-37b8 tax collector and his sureties for such amount, and in case ol neglect the controller of state or the board of super- visors may require him to do so; and when the suit is commenced, no credit or allowance must be made to the collector for the taxes outstanding. En. March 12, 1872. Cal. Rep. Cit. 52, 200; 122, 537; 122, 538. § 3756. When taxes are delinquent. Penalty. On the last Monday of November of each year, at six o'clock P. M., all taxes then unpaid, except the last installment of the real property taxes are delinquent, and thereafter the tax collector must collect, for the use of the county, or city and county, an addition of fifteen per cent thereon; pro- vided, that if they be not paid before the last Monday in April next succeeding, at six o'clock P. M., he shall collect an addition of five per cent thereon. On the last Monday in April of each year, at six o'clock P. M., all the unpaid portion of the remaining one half' of the taxes on all real property are delinquent, and thereafter the tax collector must collect, for the use of the county, or city and county, an addition of five per cent thereon; provided, that the entire tax on any real property may be paid at the time the first installment, as above provided, is due and pay- able; and provided further that the taxes on all personal property unsecured by real property, shall be due and pay- able immediately after the assessment of said personal property is made. En. March 12, 1872. Am'd. 1875-6, 60; 1880, 16; 1891, 447; 1895, 321. Cal. Rep. Cit. -76, 277; 76, 278; 137, 104; 137, 320; 137, 321; 137, 322; 146, 533. § 3757. Certain times when taxes must not be received. (Repealed.) En. March 12, 1872. Rep. 1873-4, 160. § 3758. Entry of penalty for delinquency. On the sec- ond Monday in December of each year, in each of the coun- ties, and cities and counties of this state, the tax collector must attend at the office of the auditor with the assess- ment book, having all items of taxes collected marked "paid." The auditor shall thereupon compute and enter against all the items of taxes due and unpaid the penalty for delinquency, foot up the total amount of penalties then due, and must, within ten "days thereafter, deliver to said tax collector the assessment book and charge him with the? Pol. Code— 55 §§ 3759-3762 COLLECTION OF PROPERTY TAXES. 866 amount of said penalties. En. March 12, 1872. Am'd. 1875- 6, 61; 1891, 448; 1895, 322; 1897, 431. Gal. Rep. Cit. 76, 3; 122, 538. § 3759. When delinquent list must be completed. On the third Monday in May of each year, in each of the coun- ties and cities and counties of this state, the 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 a complete delinquent list of all persons and property then owing taxes. En. March 12, 1872. Am'd. 1895, 322. Cal. Rep. Cit. 76, 3; 122, 538; 137, 249. Publishing delinquent list: See post, sec. 3764. § 3760. Matters to be set down in numerical or alpha- betical order. In the list so delivered must be set down in numerical or alphabetical order, all matters and things contained in the assessment book, and relating to delin- quent persons or property. En. March 12, 1872. Cal. Rep. Cit. 76, 3; 117, 518. § 3761. Credit to be given to tax collector on final settlement. The auditor must carefully compare the list with the assessment book, and if satisfieil that it contains a full and true statement of all taxes due and unpaid, he must foot up the total amount of taxes so remaining un- paid, credit the tax collector who acted under it there- with, and make a final settlement with him of all taxes charged against him on the assessment book, and must require from him the treasurer's receipt, or if the treas- urer is the collector, require from him an immediate ac- count for any existing deficiency. En. March 12, 1872. Cal. Rep. Cit. 76, 3; 122, 539. § 3762. Tax collector charged with delinquent taxes and penalty. After settlement with the tax collector, as pre- scribed in the preceding section, the auditor must charge the tax collector then acting with the amount of taxes due on the delinquent tax list, with the penalty or pen- alties added thereto, and within three days thereafter de- liver the list, duly certified, to such tax collector. En. March 12, 1872. Am'd. 1895, 322. Cal. Rep. Cit. 122, 539; 137, 249; 142, 564. 867 COLLECTION OP PROPERTY TAXES. §§ 3763-3766 § 3763. Auditor's statement to state controller. Within ten days after the final settlement, the auditor must trans- mit, by mail or express, a statement to the controller of state, in such form as he requires, of each kind of property assessed and delinquent, and the total amount of delin- quent taxes. If the auditor fails to transmit such state- ment in the time prescribed by law, he shall forfeit to the state one thousand dollars, to be recovered in an action brought by the attorney-general in the name of the con- troller. En. March 12, 1872. Am^d. 1897, 432. Cal. Rep. Cit. 97, 447. § 3764. Publication of delinquent list. On or before the sixteenth day in July of the year one thousand nine hundred and six, and on or before the fifth day in June of each year the tax collector must publish the delinquent list, which must contain the names of the persons and a description of the property delinquent, and the amount of taxes, penalties, and costs due, opposite each name and description, with the taxes due on personal prop- erty, the delinquent state, poll, road, and hospital tax, the taxes due each school, road, or other lesser taxation district, added to the taxes on real estate, where the real estate is liable therefor, or the several taxes are due from the same person. The expense of the publication to be a charge against the county, or city and county. En. March 12, 1872. Am'd. 1875-6, 59; 1875-6, 61; 1877-8, 68; 1891, 448; 1895, 322; June 3, 1906. Cal. Rep. Cit. 53, 393; 56, 116; 64, 470; 64, 471; 76, 277; 97, 284; 97, 447; 105 5oo; 113, 166; 117, 518; 118, 495; 118, 496; 134, 255; 137, 249; 137, 250; 137, 464. § 3765. Notice of sale. The tax collector must append and publish with the delinquent list a notice that unless the taxes delinquent, together with the costs and penal- ties,* are paid, the real property upon which such taxes are a lien will be sold. En. March 12, 1872. Am'd. 1895, 18; 1895, 322. Cal. Rep. Cit. 64, 470; 76, 277; 87, 504; 97, Wi; 117, 518; 119, 684; 119, 685; 137, 250; 137, 464. § 3766. Manner of making publication. The publication must be made once a week for three successive weeks, in some newspaper, or supplement thereto, published in the ♦Amended also February 25, 1895, reading "percentage" Instead ol "penalties." (Stats. 1895, p. IS.) §§ 3767-3769a COLLECTION OF PROPERTY TAXES. ««8 county, and the board of supervisors must contract for such publication with the lowest bidder, and after ten days' public notice, that such will be let. The bidding must be by sealed proposals. If there is no newspaper published in the county, then by posting a copy of the list in three public places in each township. En. March 12, 1872. Am'd. 1877-8, 69; 1895, 323. Cal. Rep. Cit. 53, 394; 61, 526; 64, 470; 64, 471; 97, 284; 97, 285; 113, 165; 113, 166; 113, 167; lid, 168; 119, 455; 125, 43; 133, 283; 134, 55. § 3767. Time and place of sale to be designated. The publication must designate the day and hour when the property will, by operation of law, be sold to the state, which sale must not be less than twenty-one 'nor more than twenty-eight days from the time of the first publica- tion, and the place shall be in the tax collector's office. En. March. 12, 1872. Am'd. 1895, 323. Cal. Rep. Cit. 61, 526; 137, 464. § 3768. Sale, when and where to take place. (Repealed.) En. March 12, 1872. Am'd. 1875-6, 62; 1887, 157. Rep. 1895, 323. Cal. Rep. Cit. 61, 526; 108, 364; 118, 496; 134, 255. § 3769. Copy of publication, with whom filed. The col- lector, as soon as he has made the publication required in sections 3764, 3765, 3766, and 3767, must file with the county recorder and county clerk respectively, a copy of the publication, with an affidavit attached thereto that it is a true copy of the same; that the publication was made in a newspaper or supplement thereto, stating its name and place of publication, and the date of each ap- pearance; and in case there was no newspaper published in his county, that notices were put up in three public places in each of the townships, designating the township and places therein, which affidavit is primary evidence of all the facts stated therein. En. March 12, 1872. Cal. Rep. Cit. 97, 447; 137, 249. Primary evidence, changed to prima facie in post, sec. 3788, as amended February 25, 1895, and sec. 3789. § 3769a. Land sold for taxes encumbered by trust deed or mortgage. Whenever land to be sold for taxes is en- cumbered by trust deed or mortgage and the taxes for 869 COLLECTION OF PROPERTY TAXES. §§ 3770-3771 which the land is to be sold is for the value over and above the encumbrance, as the said encumbrance is shown by and upon the assessment roll in the tax collector's office, the tax collector shall at least ten days before the date of sale mail a copy of the publication required in sec- tions 3764 and 3765, 3766 and 3767 of this code to the mort- gagee named in any such mortgage and the trustees named in any such trust deed. When the addresses of the mort- gagee named in any mortgage and the trustees named in any trust deed are unknown to the tax collector, he shall mail said notices in said names to the county seat of the said county. The tax collector shall file a copy of said notice with an affidavit of time and place of mailing same with the county recorder and county clerk resepectively. En. Stats. 1905, 550. § 3770. Additional sum collected to defray costs. The' tax collector must collect, in addition to the taxes due on the delinquent list, together with the penalties for delin- quency, fifty cents on each lot, piece, or tract of land separately assessed, and on each assessment of personal property, which shall be paid to the county and be placed to the credit of the salary fund. En. March 12, 1872. Am'd. 1895, 323. Cal. Rep. Cit. 51, 638; 97, 601; 97, 603; 99, 595; 99, 596; 137, 320; 137, 322; 146, 534. § 3771. Property sold to state by operation of law. On the day and hour fixed for the sale all the property delin- quent, upon which the taxes of all kinds, penalties, and costs have not been paid, shall by operation of law and the declaration of the tax collector, be sold to the state, and said tax collector shall make an entry, "Sold to the state," on the delinquent assessment list, opposite the tax, and he shall be credited with the amuont thereof in his settlement,' made pursuant to sections three thousand seven hundred and ninety-seven, three thousand seven hundred and ninety-eight, and three thousand seven hun- dred and ninety-nine; provided, that on the day of sale the owner or person in possession of any property offered for sale for taxes due thereon, may pay the taxes, penal- ties, and costs due; and provided further, that when the original tax amounts to the sum of three hundred dollars or more upon any piece of property or assessment delin- quent, the state may bring suit against the owner of said property fo'* the collection of said tax or taxes, penalties, §§ 3772-3T74 COLLECTION OF PROPERTY TAXES. 870 and costs, as provided In section three thousand eight hundred and ninety-nine. En. March 12, 1872. Am'd. 1895, 323. Cal. Kep. Clt. 73, 51; 126, 445; 126, 446; 137, 464. § 3772. Statement of sales. Immediately upon comple- tion of the sale provided for in the preceding section, the tax collector must, by mail or express, transmit to the controller a statement or report in such form as the con- troller may desire, showing in detail each sale wherein the state became such purchaser. En. March 12, 1872. Am'd. 1895, 323. Cal. Rep. Cit. 97, 447; 137, 465. § 3773. Sale of property. (Repealed.) En. March 12, .1872. Am'd. 1873-4, 148; 1893, 99; 1895, 19. Rep. 1895, 324. Cal. Rep. Cit. 73, 51; 80, 396; 99, 80; 105, 586; 106, 131; 106, 136; 117, 519; 117, 698; 119, 684; 137, 322. The original section provided for the designation by the owner of the property to be sold. There was a section 3773 adopted at the same session as the above repealing act (p. 19), as follows: On the day of sale the owner or person in possession of any real estate offered for sale for taxes due thereon, may pay the taxes and costs due; but in case such taxes and costs are not paid by the owner or person In possession, or by some one on behalf of such owner or person in possession, the whole amount of the property assessed shall be struck off to the people of the state as the pur- chaser; provided, that when the said taxes amount to the sum of three hundred dollars or more, upon any piece of property, the state may bring suit against the owner of said property for the collection of said taxes and costs, as provided in section three thousand eight hundred and ninety-nine of this code. In each case the tax collector shall make an entry, "Sold to the state," on the delinquent assessment book opposite the tax, and he shall be credited with the amount thereof in his settlement made pursuant to sections thirty-seven hundred and ninety-seven, thirty- seven hundred and ninety-eight, and thirty-seven hundred and ninety-nine of this code. § 3774. Idem. (Repealed.) En. March 12, 1872. Rep. 1895, 19; 1895, 324. Cal. Rep. Cit 89. 81 871 COLLECTION OF PROPERTY TAXES. §§ 3776-3778 § 3775. Idem. (Repealed.) En. March 12, 1872. Rep. 1895, 19; 1895, 324. Cal. Rep. Cit. 106, 133. § 3776. Collector to give purchaser a certificate of tax sale. The tax collector must make out a certificate of delinquent tax sale for each piece or tract of land sold, dated on the day of the sale, stating (when known) the name of the person assessed, a description of the land sold, that it was sold for delinquent taxes to the state, and giving the amount and year of the assessment, and specifying when the state will be entitled to a deed. En. March 12, 1872. Am'd. 1895, 324. Rep. 1895, 19. En. Stats. 1897, 432. Cal. Rep. Cit. 54, 523; 56, 116; 61, 526; 67, 484; 67, 489; 72, 35; 78, 148; 79, 139; 80, 395; 92, 386; 94, 659; 99, 81; 102, 518; 117, 519; 118, 624; 119, 684; 131, 83; 137, 4b5. § 3777. Record of certificates of tax sale. Such cer- tificate must be signed by the tax collector, regularly numbered in a book, and the book must be filed in the office of the county recorder, and when so filed, with the recorder's filing on each certificate in said book, it must be regarded as recorded in the recorder's office. The state controller shall prescribe the form of such certificate of sale and record book. The recorder must index such certificates of uale in an Index book, kept for that pur- pose, the form of which shall be prescribed by the state controller. In case of a redemption, or a subsequent sale of any of said property by the state, the recorder must enter on the margin of the certificate, describing such property in said certificate book of record in his office the fact of such redemption or sale, giving the date thereof, and by whom redeemed. En. March 12, 1872. Am'd. 1895, 324. Rep. 1895, 19. En. Stats. 1897, 432. Cal Rep. Cit. 54, 523; 131, 84; 137, 465. § 3778. Collector to enter in a book description, etc., of land sold. (Repealed.) En. March 12, 1872. Am'd. 1895, 19. Rep. 1895, 324. During the same session in which this section was repealed, an amendment to the sec- tion was approved (p. 19), as follows: §§ 3779-3782 COLLECTION OF PROPERTY TAXES. 872 The collector must, In a book provided for that purpose, enter a description of the land sold, corresponding to the description in the original assessment roll, the date of sale, that it was sold to the state, the amount for which It was sold, and must regularly number the descriptions on the margin of the book. Such book must be open to public inspection, without fee during office hours, when not in actual use. Cal. Rep. Cit. 131, 83. § 3779. Lien of state vests in purciiaser; how divested. (Repealed.) En. March 12, 1872. Rep. 1895. 19; 1895, 324. Cal. Rep. Cit. 53, 236; 131, 84. § 3780. Time for redemption of property. A redemption of the property sold may be made by the owner or any party in interest, within five years from the date of the sale to the state, or at any time prior. to the entry or sale of said land, by the state, in the manner provided by section three thousand eight hundred and seventeen. En. March 12, 1872. Am'd. 1873-4, 157; 1875-6, 62; 1885, 91; 1891, 133; 1895, 19; 1895, 324. Cal. Rep. Cit. 92, 387; 96, 503; 104, 620; 117, 519; 117, 698; 137, 465; 137, 466. At the same session (p. 19) this section was also amended to read as follows: A redemption of the properly sold may be made by the owner, or any party in interest, within five years from the date of the purchase by the state, or at any time prior to the entry or sale of said land in the manner applicable to other state lands of like character. § 3781. Redemption, how made. Distribution of pro- ceeds. Redemption must be made to the county treasurer on an estimate furnished by the auditor, in lawful money of the United States, and the treasurer must account to the state for all moneys received under such redemption, which said money shall be distributed in the manner pro- vided by section three thousand eight hundred and sixteen. En. March 12, 1872. Am'd. 1873-4, 157; 1895, 19; 1895, 324. An amendment of February 28, 1895, Stats. 1895, p. 19, of the same section was same as above, except the words "on an estimate furnished by the auditor." § 3782. Redemption. (Repealed.) En. March 12, 1872. Rep. 1895, 20. 873 COLLECTION OF PROPERTY TAXES. §§ 3783-3785 § 3783. Idem. (Repealed.) En. March 12, 1872. Rep. 1895, 20. § 3784. Idem. (Repealed.) En. March 12, 1872. Rep. 1895, 20. § 3785. Collector's deed when property is not redeemed in time. If the property is not redeemed within the time allowed by law for its redemption, the tax collector, or his successor in office, must make the state a deed of the property, reciting in such deed the name of the person assessed (when known), the date of sale, a description of the land sold, the amount for which it was sold, that it was sold for delinquent taxes, giving the assessed value and the year of assessment, the time when the right of redemption had expired, and that no person has redeemed the property in the time allowed by law for its redemption. No 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, recording 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 pro- visions 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 controller 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 of one dollar and twenty-five cents per acre has not been paid, the deeds to the state, after being duly recorded as herein provided, shall be forwarded by the county re- corder 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 three thousand seven hundred and eighty-eight. In all cases where land has heretofore been sold to the state for delinquent taxes, the deed therefor shall be made to the state within one year after §§ 3786, 37S7 COLLECTION OF PROPERTY TAXES. 874 this act takes effect; provided, five years shall have elapsed after the date of such sale. En. March 12, 1872. Am'd. 1873-4, 157; 1875-6, 62; 1885, 90; 1891, 134; 1895, 20; 1895, 324; 1901, 52. Cal. Rep. Cit. 79, 538; 79, 539; 86, 125; 86, 126; 86, 127; 90, 485; 92, 386; 92, 387; 93, 396; 93, 399; 96, 502; 96, 503; 97, 446; 97, 447; 102, 518; 102, 519; 104, 620; 106, 130; 106, 131; 106, 132; 106, 135; 106, 136; 106, 137; 107, 515; 107, 517; 117, 519; 117, 698; 117, 701; 118, 625; 118, 626; 119, 684; 134, 595; 135, 185; 137, 465. § 3786. Recitals in deed primary evidence of what. The matters recited in the certificate of sale must be recited in the deed, and 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; 8. Where the real estate was sold to pay taxes on per- sonal property, that the real estate belonged to the person liable to pay the tax. En. March 12, 1872. Tax certificate, what must contain: Ante, sec. 3776. Cal. Rep. Cit. 53, 180; 53, 394; 54, 523; 67, 489; 78, 148 79, 139; 80, 395; 92, 386; 93, 396; 94, 659; 96, 3(8 96, 379; 96, 504; 102, 518; 108, 363; 117, 703; 118, 624 119, 684; 119, 685; 122, 542; 130, 132; 130, 133; 131, 84 132, 513; 139, 524. § 3787. Deed conclusive evidence of what. Such deed, duly acknowledged or proved, is (except as against actual fraud) conclusive evidence of the reguarity of ail other proceedings, from the assessment by the assessor, in- clusive, up to the execution of the deed. Such deed con- veys to the state the absolute title to the property de- scribed therein, free of all incumbrances, except when the land Is owned by the United States, or this state, in which case it is prima facie evidence of the right of possession, accrued as of the date of the deed to the state. En. March 12. 1872. Am'd. 1895. 325. 875 COLLECTION OF PROPERTY TAXES. § 3788 Cal. Rep. Cit. 96, 378; 96, 379; 96, 381; 96, 504; 97, 447; 108, 363; 119, 684; 119, 685; 122, 542; 130, 132; 130, 133; 131, 84; 139, 524. § 3788. State lands not paid for in full subject to entry and sale. When state lands, upon which the full purchase price of one dollar and twenty-five cents per acre has not been paid, and the deed therefor to the state provided for in section three thousand seven hundred and eighty- five 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 apply to other state lands of like character, except that the former possessors of the lands thus deeded to the state, their heirs or assigns, shall be preferred purchasers thereof for the period of six months after the deeds are filed with the surveyor-general; but the surveyor- general shall not permit an entry, 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 make the entry or 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 de- linquent taxes, penalties, and costs, which may have ac- crued 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. The money thus paid into the treasury shall be distributed in the manner prescribed in section three thousand eight hundred and sixteen; pro- vided, that the moneys received for twenty per cent of the purchase money and accruing interest, together with the principal, in case of full payment on the lands, shall be distributed by the surveyor-general, in the manner now provided by law for such distribution. En. March 12, 1872. Am'd. 1873-4, 54; 1875-6, 63; 1885, 3; 1895, 20; 1895, 325. Cal. Rep. Cit. 104, 447; 104, 448; 104, 450; 117, 698; 117 699; 118, 494; 118, 495; 131, 82; 138, 125. There was also adopted at the same session another section 3788 (p. 20), as follows: Such deed conveys to the state the absolute title to the property described therein, as of the date of the expiration of the period of five years from the date of the sale of § 3789 COLLECTION OF PROPERTY TAXES. 876 said property to the state, free of all incumbrances, except when the land is owned by the United States or this state, in which case it is prima facie evidence of the right of possession, accrued as of the date of the deed to this state. All said deeds when recorded by the recorders of the several counties, as prescribed in section thirty-seven hun- dred and eighty-five of this code, shall be duly certified by such county recorder, and shall be duly filed in the office of the surveyor-general, and thereupon the land shall again become subject to entry and sale in the same man- ner, and subject to the same conditions, as apply to other state lands of like character, except that the former pos- sessors of lands thus deeded to the state, their heirs or assigns, shall be preferred purchasers thereof for the period of six months after the deeds are filed with the surveyor-general, as prescribed in this action; but the surveyor-general shall not permit an entry, or make a sale of any lands thus deeded to the state, except upon the previous payment into the state treasury, in addition to the price of said lands, as compared with the price fixed for other state lands of a like character, by the person or persons proposing to make the entry or purchase, of a sum equal to the delinquent taxes, costs, and penalties, by vir- tue whereof the state became a purchaser of the lands thus sought to be entered or purchased, and also all de- linquent taxes, costs, and penalties which may have ac- crued upon such lands subsequent 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 state treas- ury shall be distributed in the manner prescribed in sec- tion thirty-eight hundred and sixteen of this code. In all cases where land has heretofore been sold to the state for delinquent taxes, the deed therefor shall be made within one year after this act takes effect; provided, five years shall have elapsed after the date of such sale. § 3789. Prima facie evidence of assessment; what con- stitutes. The assessment book, or delinquent list, or copy thereof, certified by the county auditor, showing unpaid taxes against any person or property, is prima facie evi- dence of the assessment, the property assessed, the de- linquency, the amount of taxes due and unpaid, and that all the forms of law in relation to the assessment and levy of taxes have been complied with. En. March 12, 1872. Am'd. 1873-4, 149; 1895, 32G. Cal. Rep. Cit. 96, 63G. 87T COLLECTION OF PROPERTY TAXES. §§ 3790-3796 § 3790. Seizure and sale of personal property for taxes. The tax collector of each county, and city and county, shall have power, and it is hereby made his duty at any time after receiving from the county auditor the assessment books in pursuance of the provisions of section thirty- seven hundred and thirty-two of the Political Code, to col- lect the taxes due on personal property, except when real estate is liable therefor, by seizure and sale of any per- sonal property owned by the delinquent. En. March 12, 1872. Am'd. 1875-6, 61; 1895, 326; 1901, 649. See post, sees. 3820 et seq., as to collection of taxes by assessor. § 3791. Manner of conducting sale, etc. The sale must be at public auction, and of a sufficient amount of the property to pay the taxes, percentage, and costs. En. March 12, 1872. § 3792. Sale must be made after notice. The sale must be made after one week's notice of the time and place thereof, given by publication in a newspaper in the county, or by posting in three public places. En. March 12, 1872. Cal. Rep. Cit. 53, 394. § 3793. Collector's charges and mileage. For seizing or selling personal property, the assessor may charge in each case the sum of three dollars, and the same mileage as is allowed by law to the sheriff of the county. En. March 12, 1872. Am'd. 1895. 326. § 3794. Title vests in purchaser on payment. On pay- ment of the price bid for any property sold, the delivery thereof with a bill of sale, vests the title thereto in the purchaser. En. March 12, 1872. § 3795. Excess of proceeds; disposition of. All excess over the taxes, per cent, and costs of the proceeds of any such sale, must be returned to the owner of the property sold, and until claimed must be deposited in the county treasury, subject to the order of the owner, heirs, or as- signs. En. March 12, 1872. § 3796. Unsold portion to remain at risk of owner. The unsold portion of any property may be left at the place of sale at the risk of the owner. En. March 12, 1872. §§ 3797-3802 COLLECTION OP PROPERTY TAXES. Vl» § 3797. Comparison of delinquent list with unpaid as- sessments. The tax collector must, on or before the last day in June of each year, attend at the office of the au- ditor with the delinquent list, with all items collected marked "paid" thereon, and the auditor must then care- fully compare the list with the assessment of persons and property not marked "paid" on the assessment book, and when taxes have been paid, must note the fact in the ap- propriate column in the assessment book. En. March 12, 1872. Am'd. 1891, 449; 1895, 326. Cal. Rep. Cit. 46, 529; 66, 25; 118, 496. § 3798. Oath administered to tax collector. The auditor must then administer to the tax collector an oath, to be written and subscribed in the delinquent list, that every person and all property assessed in the delinquent list on which taxes have been paid has been credited in the list with such payment. En. March 12, 1872. § 3799. Final settlement of collector with auditor. The auditor must then foot up the amount of taxes unpaid, and credit the tax collector with the amount, and have a final settlement with him; and the delinquent list must remain on file in the auditor's office. En. March 12, 1872. Am'd. 1875-6, 59; 1895, 327. § 3800. Collector's affidavit, indorsed on list. At the time mentioned in section three thousand seven hundred and sixty-four the tax collector must make an affidavit, indorsed on the list, that the taxes not marked "paid" have not been paid. En. March 12, 1872. Am'd. 1891, 449; 1895, 327. § 3801. List of lands sold. It shall be the duty of the tax collector, within thirty days after the sale of any land for delinquent taxes, to furnish to the auditor the complete printed list of all such lands so sold, and thereupon the auditor shall enter upon the assessment book of the current year, immediately after the description of the property, the fact that said property has been sold for taxes, and the date of such sale. En. March 12, 1872. Rep. 1873-4, 150. En. Stats. 1895, 21; 1895, 327. Am'd. 1897. 432. Cal. Rep. Cit. 46, 529. § 3802. Unpaid taxes not canceled to be entered. (Re- pealed.) En. March 1, 1872. Rep. 1875-G, 59. Cal. Rep. Cit. 4G, 627. 879 COLLECTION OF PROPERTY TAXES. 5§ 3803, 3804 § 3803. Idem. (Repealed.) En. March 12, 1872. Rep. 1895, 327. Cal. Rep. Cit. 53, 23G; 6G, 25; 68, IG; G8, 553; 7G, 272; 76, 276; 105, 595. § 3804. Taxes illegally collected to be refunded. Any taxes, penalties or costs thereon heretofore or hereafter paid more than once, or heretofore or hereafter errone- ously or illegally collected, or any taxes heretofore or here- after paid upon an assessment in excess of the actual cash value of the property so assessed, by reason of a clerical er- ror of the assessor, as to the excess in such cases, or any tax heretofore or hereafter paid upon an erroneous assessment of improvements on real estate not in fact in existence when said tax became a lien, may, by order of the board of super- visors, 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 sec- tion 3866 of this code, and it shall afterwards appear to the satisfaction 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 said treasurer to the person entitled to the same out of the general fund, and upon the rendering of the report required by section 3668 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 treas- urer with the state the controller, if satisfied of the legal- ity 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; pro- vided further, that where the taxes, penalties and costs herein referred to are levied in behalf of any school dis- trict, muncipality or other public or municipal corpora- tion, and said corporation has money in the county treas- ury, said order to refund shall not be made except upon a certified copy of an order of the governing body of such corporation authorizing said payment, in which case the amount refunded shall be paid by the county treasurer from the county fund of such school district, or from the appropriate fund of such corporation; provided further, however, that no order of the board of supervisors to re- fund taxes, penalties or costs shall be made except upon a verified claim therefor filed within three years after the § 3805 COLLECTION OF PROPERTY TAXES. 880 making of the payment sought to be refunded. En. March 12, 1872. Am'd. 1889, 347; 1895, 327; 1901, 648; 1905, 38. Cal. Rep. Cit. 59, 457; 67, 504; 68, 242; 68, 575; 99, 77; 99, 78; 99, 80; 99, 81; 117, 467; 117, 469; 134, 474; 134, 476; 142, 661; 142, 662; 142, 664; 142, 665; 144, 89; 144, 90; 146, 537. § 3805. When land assessed more than once- When the tax collector discovers that any property has been assessed more than once for the same year, he must collect only the tax justly due and make return of the facts, by his certificate, to the auditor and board of supervisors; the board shall thereupon enter an order upon its minutes directing the auditor to cancel such doubl'" assessment by an entry on the margin of the assessment book, as also upon the delinquent list, should such double assess- ment be carried therein. If the property assessed under such double assessment has been sold to the state, and a certificate of sale or deed therefor has been issued to the state, the order of the board shall further dii'ect the county recorder to cancel such erroneous certificate of sale and deed so issued, before the state has disposed of the property thereby conveyed; provided, no cancel- lation of a double assessment, certificate of sale or deed shall be made in any case until the taxes, penalties, costs and other charges by \avf against the property on one of such assessments shall have been paid. In case the tax collector issues an erroneous certificate of sale, or deed, to any property upon which the taxes have been fully paid for the year therein mentioned, such fact shall be certified to the board of supervisors by the auditor and tax collector, and thereupon said board shall make and enter in its minutes an order authorizing the county recorder to cancel such eri'oneous certificate or deed. Whenever a sale of property has been made for the non-payment of a poll tax unlawfully assessed, or which, if lawfully assessed, has been paid and payment has not been properly noted, the board of supervisors may, upon proof thereof, by an order entered upon its minutes, direct the county recorder to cancel the certificate of sale or deed issued to the state under such sale, so far as the same relates to said poll tax, at any time before the state has disposed of such property; provided, that where real property other than that belonging to a person liable for 881 COLLECTION OF PROPERTY TAXES. § 3805a poll tax on the first Monday of March of the year in which such poll tax became due, has been erroneously sold for the poll tax of such person, the board of supervisors, upon satisfactory proof of ownership of the said property, may order the certificate of sale or deed canceled; pro- vided further, however, that no such order shall be made if the person liable for said poll tax owned any interest whatever in_ said property on said first Monday in March, when said tax became due, or owned any interest therein at the time of the application for such cancellation. En. March 12, 1872. Am'd. 1895, 328; 1897, 433; 1901, 649. § 3805a. Public lands upon which final payment has not been made; if land has been sold to state for taxes, cancel- lation of assessment. Whenever the possessory interest in land belonging to the United States, or land upon which final payment had not, at the time of assessment, been made to the United States, or land of this state upon which the full purchase price has not or had not been made to the state, has been, or may hereafter be, assessed and sold to the state for delinquent state, county or local district taxes, or whenever the taxes levied against any such pos- sessory interests in lands, or against any such state lands, have not been paid, the board of supervisors shall, upon verified application of the owner of the land, by an order entered upon its minutes, direct the auditor to cancel such assessment; and if the property under such assessment has been sold to the state, and a certificate of sale or deed thereon issued to the state, such order of the board shall further direct the recorder to cancel such certificate of sale and deed; provided, that no order to cancel any such as- sessments, certificates of sale or deeds shall be made where the person or persons to whom such land or possessory interests, or state lands, his or their successors or as- signs, have, after such assessment, obtained from the United States or this state a patent or the absolute title to said lands or retain any interest thei-ein, or been in posses- sion of the premises, and provided that no order to cancel any assessment shall be made whereby the person or per- sons, his or their siiccessors or assigns shall be relieved from paying the taxes upon said property for the full time he or they have ,had the possession of said property, no mat- ter in whose name said property was or had been assessed. Before an order to cancel such assessment, certificate of sale or deed shall be granted, the applicant shall file with the board a certificate of the register of the United States Pol. Code— 56 §§ 3805t)-3806 COLLECTION OF PROPERTY TAXES. 882 land office, or of the state land office, showing that the person or persons to whom such assessment was made, his or their successors and assigns, never received a pat- ent or otherwise acquired title to said lands. Upon effect- ing the cancellations provided for in this and the preced- ing section, all assessments, certificates of sale and deeds the subject of such cancellation shall be null and void. En. Stats. 1901, 650. Am'd. 1905, 90. § 3805b. Clerical errors in certificate of sale, correction of. When real property has been correctly assessed and sold to the state for delinquent state and county taxes, any misstatement of facts or clerical errors occur- ring or appearing in the certificate of sale, or in the deed issued thereon, may be corrected by the tax col- lector, or his successor in office, upon an order of the board of supervisors, entered upon its minutes directing correction, by the issuance of a new or amended certi- ficate of sale, or tax deed, when it can be determined by the assessment and subsequent proceedings what was originally intended. When a new or amended certificate of sale or tax deed is issued under these provisions, such certificate or deed shall be in letters and figures, as far as practicable, the same as the original, excepting as to the correction of the error or omission, and shall also contain a statement giving reasons for the issuance of the new or amended certificate of sale or deed. The provision herein relative to correction of errors in cer- tificates of sale and deeds shall apply only to all sales of property heretofore or hereafter made wherein the state was or is the purchaser. When any deed to the state is canceled under this or the preceding two sec- tions, and the deed has been filed with the controller, the recorder shall immediately notify the controller of such cancellation. En. Stats. 1901, 651. § 3806. Land irregularly assessed, etc., not to be sold. If the collector discovers before the sale that on account of irregular assessment, or of any other error, any land ought not to be sold, he must not offer the same for sale; and the board of supervisors must cause the assessor to enter the uncollected taxes upon the assessment book of the next succeeding year, to be collected as other taxes entered thereon. En. March 12, 1872. Cal. Rep. Cit. 147, 562. 883 COLLECTION OF PROPERTY TAXES. §§ 3807-381i § 3807. What mistakes do not affect sale of property for taxes. When laud is sold for taxes correctly Im- posed as the property of a particular person, no misnomer of the owner, or supposed owner, or other mistake re- lating to the ownership thereof, affects the sale, or renders it void or voidable. En. March 12, 1872. § 3808. Collection of taxes from persons assessed, but removed to another county. If any person removes from one county to another, after being assessed on personal property, the assessor of the county in which he was assessed may employ an attorney to sue for and collect the same in the assessor's name; but such assessor shall not be relieved from the provisions of this chapter. En. March 12, 1872. Am'd. 1895, 328. Tax suits, generally: See post, sec. 3899. § 3809. Evidence on trial of suit for such taxes. On the trial a certified copy of the assessment, signed by the auditor of the county where the same was made, with the affidavit of the collector thereto attached, that the tax has not been paid, describing it as on the assess- ment book or delinquent list, is primary evidence that such tax and the per centum is due, and entitles him to judgment, unless the defendant proves that the tax was paid. En. March 12, 1872. (See sees. 3788-9.) § 3810. Ex^penses of proceedings, how paid. (Repealed.) En. March 12, 1872. Rep. 1895, 828. § 3811. When assessments void in part. (Repealed.) En. Stats. 1873-4, 150. Rep. 1895. 328. Cal. Rep. Cit. 51. 638; 53, 235. § 3812. Duty when sale protested against. (Repealed.) En. Stats. 1873-4, 150. Rep. 1895, 328. Cal. Rep. Cit. 73, 613. § 3813. Property sold to state assessed subsequently. In case property assessed for taxes is purchased by the state, pursuant to provisions of section three thousand seven hundred and seventy-one* of this code, it shall be assessed each subsequent year for taxes until a deed is made to the state therefor in the same manner as if it had ♦Amendment of February 25, 1S95, Stats. 1895, p. 21, Of the same sec- tion read "3773" Instead of '•3771." §§ 3814-3816 COLLECTION OF PROPERTY TAXES. »84 not been so purchased. En. Stats. 1873-4, 151. Am'd. 1895, 21; 1895, 328. § 3814. After sold to state no sale to be had for assess- ments. In case an assessment is made under the provi- sions of section three thousand eight hundred and thirteen of this code, and the lands are not redeemed from a pre- vious sale had under section three thousand seven hundred and seventy-one, as provided by law, no sale shall be had under the assessment authorized by said section three thousand eight hundred and thirteen. En. Stats. 1873-4, 151. Am'd. 1895, 229. § 3815. Ail costs must be paid before redemption. In case property is sold to the state, pursuant to section three thousand seven hundred and seventy-one of this code, and is subsequently assessed pursuant to section three thousand eight hundred and thirteen of this code, no person shall be permitted to redeem from such sale, except upon payment of the amount of such subsequent assessments, costs, fees, penalties, and interest. En. Stats. 1873-4, 151. Am'd. 1895, 329. Cal. Rep. Cit. 137, 104. § 3816. Distribution of redemption moneys. Whenever property sold to the state, pursuant to the provisions of this chapter, shall be redeemed as herein provided, the moneys received on account of such redemption shall be distributed as follows: The original and subsequent taxes, and percentages, penalty, and the interest paid on redemption, shall be apportioned between the state and county, or city and county, in the same proportion that the state rate bears to the county, or city and county rate of taxation; the additional penalties received on account of delinquency together with the costs shall be paid into the treasury for the use and benefit of the county, or city and county; the total amount received for state poll tax shall be paid to the state, without deduction of any percentages; the amounts received for road or hospital poll tax, and the amounts received for school, or road district, or other taxes, together with the penalties thereon, shall be paid into the county treasury and placed to the credit of the proper funds. The county treasurer and auditor shall each keep an accurate account of any and all moneys received in pursuance of this section, and shall at the time the treasurer is required to settle with the state, in 885 COLLECTION OP PROPERTY TAXES. g 3817 pursuance of sections three thousand eight hundred and sixty-five, three thousand eight hundred and slxty-slx, and three thousand eight hundred and sixty-eight, make a detailed report, verified by their affidavit, of each account, year for year, to the controller of state, in such form as the controller may desire. En. Stats. 1873-4, 152. Am'd. 1877-8, 65; 1891, 449; 1895, 21; 1895, 329. Cal. Rep. Cit. 106, 134. At the same session there was adopted another section 3816, reading as follows: Whenever property sold to the state, pursuant to the provisions of this chapter, shall be redeemed as herein provided, the moneys received on account of such redemp- tion shall be distributed as follows: The original and subsequent taxes, and all percentages and penalties paid in redemption, except as hereinafter provided, shall be apportioned between the state and county, in the same proportion that the state tax bears to the county tax; the five per cent additional, and the money received for delinquent poll tax, shall be paid to the county; the per- centage allowed for the collection of the delinquent poll tax shall be paid to the collector, and the costs to the parties entitled thereto. The county treasurer shall keep an accurate account of all money paid in redemption of property sold to the state, and shall, on the first Monday of June in each year, make a detailed report, verified by his affidavit, of each account, year for year, to the controller of state, in such form as the controller may desire. Whenever the state shall receive from the tax collector any grant of property so sold for taxes, the same shall be recorded, at the request of the county treasurer, free of charge, by the county recorder, and shall be immediately reported by the county treasurer to the state board of equalization. [Amendment approved February 25, 1895, Stats. 1895, p. 21. In effect imme- diately.] § 3817. Redemption by heirs, executors et al. In all cases where real estate has been sold, or may hereafter be sold for delinquent taxes to the state, and the state has not disposed of the same, the person whose estate has been, or may hereafter be sold, his heirs, executors, administrators, or other successors in interest, shall, at any time after the same has been sold to the state, and before the state shall have disposed of the same, have the right to redeem such real estate by paying to the county treasurer of the county § 3S17 COLLECTION OF PROPERTY TAXES. 886 wherein the real estate may be situated, the amount ol taxes, penalties and costs due thereon at the time of said sale, with interest on the aggregate amount of said taxes, at the rate of seven per cent per annum; and also all taxes that were a lien upon said real estate at the time said taxes became delinquent; and also all unpaid taxs of every de- scription assessed against the property for each year since the sale; or, if not so assessed, then upon the value of the property as assessed in the year nearest the time of such redemption, with interest from the first day of July fol- lowing each of said years, respectively at the same rate, to the time of redemption; and also all costs and expenses of such redemption, and penalties as follows, to wit: Ten per cent if redeemed within six months from the date of sale; twenty per cent, if redeemed within one year therefrom; thirty per cent, if redeemed within two years therefrom; forty per cent if redeemed within three years therefrom; forty-five per cent if redeemed within four years therefrom; and fifty per cent, if redeemed with- in five or any greater number of years therefrom. The penalty shall be computed upon the amount of each year's taxes in like manner, reckoning from the time when the lands would have been sold for the taxes of that year, if there had been no previous sale thereof. The county auditor shall, on the application of the person desiring to redeem, make an estimate of the amount to be paid, and shall give him triplicate certificates of the amount, specifying the several amounts thereof, which certificates shall be delivered to the county treasurer, together with the money, and the county treasurer, shall give triplicate re- ceipts, written or indorsed upon said certificates, to the redemptioner, who shall deliver one of said receipts to the state controller, and one to the county auditor, taking their receipts therefor. The county treasurer shall settle for the moneys received as for other state and county moneys. Upon the payment of the money specified in said certificate, and the giving of the receipts aforesaid by the treasurer, controller, and auditor, any deed or certificate of sale that may have been made to the state shall become null and void, and all right, title, and in- terest acquired by the state, under and by virtue ot the tax sale, shall cease and determine. Upon consumma- tion of the redemption, the auditor shall report same to the recorder, whereupon the recorder shall, without payment of fee, note on the margin of the certificate of sale, or deed, if issued, the fact of such redemption, date, and by whom redeemed. The receipts of the county treasurer, controller. 887 COLLECTION OP PROPEBTT TAXES. §§ 3818, 3819 and county auditor may be recorded in the recorder's office of the county in which said real estate is situated, in the book of deeds, and the record thereof shall have the same effect as that of a deed of reconveyance of the interest con- veyed by such deed or certificate of sale. This act shall ap- ply to state lands sold by the state v?hen the full amount of the purchase price of one dollar and twenty-five cents per acre has not been paid to the state therefor, except when the deed to the state, provided for in section three thousand seven hundred and eighty-five, has been filed with- the surveyor-general. En. Stats. 1883, 23. Am'd. 1895, 22; 1895, 329; 1897, 433; 1901, 651; 1905, 499. Cal. Rep. Cit. 106, 130; 106, 332; 106, 136; 116, 521; 116, 522; 116, 523; 136, 420; 137, 104; 137, 321; 137, 324; 146, 532; 146, 533; 146, 534; 147, 562. § 3818. Partial redemption. A partial redemption may be made separately from the whole assessment, of any lot, piece, or parcel of land contained in any assessment, if such lot, piece, or parcel has a separate valuation on the assessment roll, in the manner following: In the esti- mate provided for in the preceding section, the auditor shall estimate the amount of state and county taxes due on such lot, piece, or parcel of land, together with a proper proportion of the taxes due on personal property under such assessment, and of the taxes due each school, road, or lesser taxation district; and such redemption shali be made in the manner provided for in the preceding section. The recorder shall note, on the margin of the record of the certificate of sale, a description of the property thus re- deemed, and shall specifically set forth the several amounts of taxes paid upon such redemption. En. Stats. 1889, 338. Am'd. 1895, 331. Rep. 1895, 23. En. 1897, 434. § 3819. Payment under protest. 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 assess- ment 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 assess- ment is claimed to be void, or if a part only, what portion, and in either case the grounds upon which such claim is founded and when so paid under protest, the payment shall in no case be regarded as voluntary payment, and such owner may at any time within six months after such 29 § 3S20 TAXES ON CERTAIN PERSONAL, PROPERTY. 888 payment bring an action against the county, in the superior court, to recover back the tax so paid under protest; 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 payments have been made and not released upon the record. On the payment 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 controller; such deductions to be made in the manner that other deduc- tions are made, as provided in section three thousand eight hundred and seventy-one of this code. En. Stats. 1893, 32. Am'd. 1895, 331. Cal. Rep. Cit. 106, 421; 112, 318; 113, 394; 113, 401; 115, 68; 120, 4; 124, 342; 131, 363; 137, 467; 137, 469; 137, 517; 142, 201; 142, 661; 142, 664; 142, 665; 147, 655; 147, 656. CHAPTER VIII. COLLECTION OF TAXES BY THE ASSESSOR ON CERTAIN PER- SONAL PROPERTY. § 3820. Assessor when to coUect taxes. I 3821. Seizure and sale. § 3S22. Mode of conducting such seizure and sale. § 3823. Rate of previous year governs amount. § 3824. Return of excess where lower rate fixed. § 3825. Collection of deficiency where higher rate is fixed. § 3S26. Monthly settlement of assessor with auditor. § 3827. Auditor to note Ihe amount of taxes paid by each person. § 3828. Auditor to note excesses or deficiencies in taxes paid. § 3829. Compensation to assessor for collection. § 3830. Present incumbents to discharge duties of assessor. (Re- pealed.) § 3831. Liability of assessors. § 3820. Assessor when to collect taxes. The assessor must collect the taxes on all property when, in his opinion, said taxes are not a lien upon real property sufficient to secure the payment of the taxes. The taxes on all assess- ments of possession of, claim to, or right to the possession of land, shall be immediately due and payable upon as- sessment, and shall be collected by the assessor as pro- vided in this chapter. En. March 12, 1872. Am'd. 1873-4, 152; 1895, 331; 1897, 435. 889 TAXES ON CERTAIN PERSONAL PROPERTY. §g 3821-3825 Cal. Rep. Cit. 65, 359; 68, 55; 71, 207; 71, 208; 119, 525; 123, 73; 123, 155; 128, 609; 128. 611; 137, 520; 144, 154. § 3821. Seizure and sale. In the case provided for in the preceding section, at the time of making the assess- ment, or at any time before the first Monday of August following the assessment, the assessor may collect the taxes by seizure and sale of any personal property owned by the person against whom the tax is assessed, or if no per- sonal property can be found, then the assessor may collect the taxes by seizure and sale of the right to the posses- sion of, claim to or right to the possession of the land. En. March 12, 1872. Am'd. 1897, 435; 1905, 470. Cal. Rep. Cit. 123, 73; 123, 155; 137, 520. § 3822. Mode of conducting such seizure and sale. The provisions of sections 3791, 3792, 3793, 3794, 3795, and 3796 apply to such seizure and sale. En. March 12, 1872. Cal. Rep. Cit. 123, 155. § 3823. Rate of previous year governs amount. 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. En. March 12, 1872. Am'd. 1873-4, 152; 1895, 332; 1901, 653. Cal. Rep. Cit. 123, 155. § 3824. Return of excess where lower rate fixed. When the rate is fixed for the year in which such collection is made, then, if a sum in excess of the rate has been col- lected, such excess shall not be apportioned to the state, but the whole thereof shall remain in the county treasury, and must be repaid by the county treasurer to the person from whom the collection was made, or to his assignee, on demand therefor. En. March 12, 1872. Am'd. 1885, 57. Cal. Rep. Cit. 119, 525; 123, 155. § 3825. Collection of deficiency where higher rate is fixed. If a sum less than the tax at the rate fixed upon the valuation thereof after equalization, has been collected, the deficiency must be collected by the tax collector either by a sale of the property on which the same is a lien, if any, in the same manner as other taxes on real and §§ 3826-3829 TAXES ON CERTAIN PERSONAL PROPERTY. 890 personal property are collected, or by seizure and sale of any personal property owned by the person against whom the tax is assessed, in the same manner provided in sections thirty-eight hundred and twenty-one and thirty- eight hundred and twenty-two for the seizure and sale by the assessor; provided, that no action shall be main- tained to collect such deficiency unless the tax collector shall, at least fifteen days before the commencement of such action, deposit in the United States postofiice, ad- dressed to the person owing such tax, at his last known place of residence, a notice in writing, informing him of the amount and nature of such tax, and that unless the same is paid within fifteen days action will be brought for the same; and any action commenced without such notice shall be dismissed. En. March 12, 1872. Am'd. 1897, 435; 1901, 653. Cal. Rep. Cit. 123, 155. § 3826. Monthly settlement of assessor with auditor. The assessor, on the first Monday in each month, must m_ake a settlement with the auditor, and must pay into the county treasury all moneys collected by him for such taxes 'during the preceding month. En. March 12, 1872. Am'd. 1895, 332. Cal. Rep. Cit. 123, 155. § 3827. Auditor to note the amount of taxes paid by each person. The auditor must, as soon as the "assess- ment book" for the year comes into his hands, note op- posite the name of each person from whom taxes have been collected the amount thereof. En. March 12, 1872. Cal. Rep. Cit. 123, 155. § 3828. Auditor to note excesses or deficiencies in taxes paid. As soon as the rate of taxation for the year Is fixed, the auditor must note, in connection with the entry made under the provisions of the preceding section, the amount of the excess or deficiency. En. March 12, 1872. Cal. Rep. Cit. 123, 155. § 3829. Compensation to assessor for collection. For services rendered in the collection of taxes under section three thousand eight hundred and twenty, the assessors of the several counties, or cities and counties, shall re- ceive such compensation as the act governing salaries of county officers may provide. En. March 12, 1872. Am'd. 1873-4, 153; 1877-8, 65; 1895, 332. Cal. Rep. Cit. 13, 155; 145, 425. 891 POLL, TAXES. §§ 3830, 3831 § 3830. Present incumbents to discharge duties of as- sessor. (Repealed.) En. March 12, 1872. Rep. 1895, 332. Cal. Rep. Cit. 112, 315; 123, 155. § 3831. Liability of assessors. Within fifteen days after the first Monday in August of each year, the auditor of- the county, or city and county, must make a careful ex- amination of the assessment book or books of the county, or city and county, and ascertain therefrom the amount or amounts of all taxes that should have been collected by the assessor in pursuance of this chapter, and which have not been collected. He must then state an account to the assessor, and demand fi'om him that the amount, or amounts, so remaining uncollected shall be paid into the county treasury within fifteen days from ihe date of said demand. If at the expiration of said time, the assessor has not settled for and paid said amount, or p,mounts, into the treasury as aforesaid, the district attor- ney must commence an action in the proper court against the assessor and his bondsmen, for the recovery of said amount or amounts so remaining uncollected; and upon the trial of such action no defense shall be admissible, except that the assessment or assessments are illegal, invalid, or void. En. Stats. 1895, 332. CHAPTER IX. POLL TAXES. § 3839. Persons liable to poll tax. § 3840. When to be collected. § 3841. Blank poll tax receipts to be printed by county treasurer. § 3842. Style of blank to be changed each year. § 3S43. County treasurer's duties in relation to blanks. § 3S44. Auditor to sign blank receipts, and make entries. § 3845. Blanks to be delivered to and charged assessor. § 3846. Poll tax may be collected by seizure and sale of personal prop- erty. § 3847. Mode of conducting such seizure and sale. § 3848. Debtors of persons owing poll tax to pay poll tax. § 3849. What officers are debtors under preceding section. § 3850. Debtor may charge creditor for poll tax paid. § 3851. Receipt, delivery to purchaser or to person paying tax. § 3852. Receipt only evidence of payment. § 3853. Monthly settlements and payments of assessor. § 3S54. .Assessor's yearly final settlement. § 38.=>5. Auditor to return receipts not used to treasurer. § 3856. Treasurer, duty in relation to receipts. § 3857. Assessor to keep roll of persons liable and of payments and delinquents. ' § 3858. Duties of auditor when roll returned to him. I 3859. Correction of poll tax roll. I 3860. Unpaid poll tax a lien. § 3861. Proceeds paid to county treasurer for state school fun-d. § 3862. Compensation for collecting tax. §§ 3839-3843 POLL TAXES. lJ92 § 3839. Persons liable to poll tax. Every male inhab- itant of this state, over twenty-one and under sixty years of age, except paupers, insane persons, and Indians not taxed, must annually pay a poll tax of two dollars; pro- vided, the same be paid between the first Monday in March and the first Monday in July; but if not paid prior to the first Monday in July, then it shall be three dollars; provided, further, that nothing herein shall affect any laws imposing a greater poll tax upon inhabitants ineligi- ble to citizenship. En. March 12, 1872. Am'd. i873-4, 161; 1880, 17. Cal. Rep. Cit. 104, 64. Section conforms to Const. Cal., art. XIII, sec. 12. Exemption of firemen in certain counties: See post. Appendix, title Fire Department. § 3840. When to be collected. Poll tax must be col- lected by the assessors between the first Monday in March and the last Monday in December of the same year. En. March 12, 1872. Am'd. 1873-4, 161; 1895, 332. Cal. Rep. Cit. 123, 74. § 3841. Blank poll tax receipts to be printed by county treasurer. The county treasurer must, before the first Monday in March and the first Monday in July of each year, cause to be printed, respectively, two and three dol- lar blank poll tax receipts, in book form, with stubs num- bered the same as the receipts, of one hundred in each book, a sufficient number for the use of the assessor. The stubs shall have a line for the name of the poll tax payer, his age, residence, occupation, by whom employed, and the name of the deputy collecting the tax. En. March 12, 1872. Am'd. 1873-4, 161; 1895, 332. § 3842. Style of blank to be changed each year. The style of such blanks must be changed every year. En. March 12, 1872. § 3843. County treasurer's duties in relation to blanks. The treasurer must, before the third Monday in February of each year: First — Number and sign the two dollar blanks, and be- fore the first Monday in July, number and sign the three- dollar blanks. Second — At the time of signing make an entry of the whole number thereof, and of the first and last number placed thereon, in a book kept for that purpose. 893 POLL, TAXES. 5§ 3844-3849 Third — Deliver all such blanks to the auditor, and charge him therewith. En. March 12, 1872. Am'd. 1873-4, 161; 1897, 435. § 3844. Auditor to sign blank receipts, and make en- tries. The auditor upon the receipt thereof must sign the same, and make in a book to be kept by him for that pur- pose a similar entry to that prescribed in subdivision 2 of the preceding section. En. March 12, 1872. § 3845. Blanks to be delivered to and charged assessor. He must, at any time, after the third Monday in February, and the first Monday in July, upon demand, deliver to the assessor, in their order, the two and three dollar blanks and charge him therewith. En. March 12, 1872. Am'd. 1873-4, 162; 1897, 435. Cal. Rep. Cit. 46, 98. § 3846. Poll tax may be collected by seizure and sale of personal property. The assessor must demand payment [of] poll tax of every person liable therefor, and on the neglect or refusal of such person to pay the same, he must collect by seizure and sale of any personal property owned by such person. En. March 12, 1872. Am'd. 1873-4, 162. Cal. Rep. Cit 123, 74. § 3847. Mode of conducting such seizure and sale. The sale may be made after three hours' verbal notice of time and place, and the provisions of sections thirty-seven hundred and ninety-one, thirty-seven hundred and ninety- three, thirty-seven hundred and ninety-four, thirty-seven hundred and ninety-five, and thirty-seven hundred and ninety-six, apply to such seizure and sale. En. March 12, 1872. Am'd. 1873-4, 162. § 3848. Debtors of persons owing poll tax to pay poll tax. Every person indebted to one who neglects or re- fuses, after demand, to pay a poll tax, becomes liable therefor, and must pay the same for such other person after service upon him by tue collector of a notice in writ- ing, stating the name of such person. En. March 12, 1872. § 3849. What officers are debtors under preceding sec- tion. Every officer authorized to draw the warrants for §§ 3850-3855 POLL TAXES. 85)4 or to pay the salary or fees of any oflBcer is the debtor of such officer within the meaning of the preceding sec- tion. En. March 12, 1872. § 3850, Debtor may charge creditor for poll tax paid. Every person paying the poll tax of another may deduct the same from any indebtedness to such other person. En. March 12, 1872. § 3851. Receipt, delivery to purchaser or to person pay- ing tax. The assessor must deliver the poll tax receipt, filled out with the name of the person owing me taxes, to the purchaser of property at any such sale; in other cases he must deliver it, filled out in like manner, to the person paying the tax. En. March 12, 1872. § 3852. Receipt only evidence of payment. The re- ceipt so delivered is the only evidence of payment. En. March 12, 1872. § 3853. Monthly settlements and payments of assessor. On the first Monday in each month the assessor must make oath, before the auditor, of the total amount of poll taxes collected by him during the last preceding month, and must, at the same time, settle with the auditor for the same, and pay into the county treasurer's office the total amount of poll taxes collected, less the per centum al- lowed for fees. En. March 12, 1872. § 3854. Assessor's yearly final settlement. On the first Monday in July, the assessor must return to the auditor all two-dollar blank poll tax receipts received by him and not used, and pay to the treasurer the total amount col- lected and not before paid in, less the amount of his fees, and the auditor must deliver to him the three-dollar re- ceipts; and on the last Monday in December of each year, he must return to the auditor all three dollar poll tax re- ceipts received by him and not used, and must make final settlement with the auditor and treasurer therefor. En. March 12, 1872. Am'd. 1873-4, 163; 1895. 333. § 3855. Auditor to return receipts not used to treasurer. The auditor must, as soon as the settlement is made, return to the treasurer the receipts not used. En. March 12, 1872. 895 POLL TAXES. S9 3856-3861 § 3856. Treasurer, duty in relation to receipts. The treasurer must credit the auditor with the receipts so returned, and must tuereupon seal them up securely and deposit and keep them in his office. En. March 12, 1872. § 3857. Assessor to keep roll of persons liable and of payments and delinquents. The assessor must keep a roil of the names and local residence, or place of busi- ness, of all persons subject to or liable for poll tax, and, if paid, date and amount of each payment, and, if not paid, cause of nonpayment; provided, that no person shall be returned as delinquent on such roll unless a demand has been made upon him in person or through the postoffice. En. March 12, 1872. Am'd. 1873-4, 163; 1877-8, 69. ^ 3858. Duties of auditor when roll returned to him. On the first Monday in January of each year, the assessor must deliver to the auditor the roll so made up, and the auditor must add to the total poll tax delinquent on such roll thirty-three and one-third per centum additional, and without delay delivev such list to the tax collector, and charge the collector therewith. En. March 12, 1872. Am'd. 1873-4, 163; 1877-8, 70; 1895, 333; 1897, 436. Cal. Rep. Cit. 123, 74. § 3859. Correction of poll tax roll. Whenever the name of a person not liable for poll tax is erroneously entered upon said poll tax roll, or whenever the assessor has failed to note the payment of a poll tax lawfully assessed, if paid, the board of supervisors may, upon proof thereof, order the necessary correction to be made on the poll tax roll and the assessment roll whereon the same may appear. En. March 12, 1872. Rep. 1873-4, 164. En. Stats. 1901, 653. 3860. Unpaid poll tax a lien. If any person, assessed for a property tax, has not paid to the assessor the poll tr : due from him, or for which he is liable, it, with thirty- three and one-third per cent in addition thereto, constitutes a lien upon the property assessed to such person, to attach from the first Monday in March in each year, and must be collected in the same manner and at the same time as delinquent t..xes are collected. En. March 12, 1872. Am'd. 1873-4, 164. § 3861. Proceeds paid to county treasurer for state school fund. The proceeds of the poll tax must be paid §§ 3862-3866 SETTLEMENTS WITH CONTROLLER. S-X to the county treasurer, as provided by law, for the exclusive use of the state school fund, and shall, by such treasurer, be paid to the state as other moneys belonging to the state. En. March 12, 1872. Am'd. 1880, 17., Cal. Rep. Cit. 131, 359. § 3862. Compensation for collecting tax. The assessor, for services rendered in the collection of poll taxes, shall receive the sum of fifteen per cent; and the collector, for services rendered in the collection of poll taxes on the delinquent list (including the publication), shall receive the sum of twenty-five per cent on all delinquent poll tax collected by him. En. March 12, 1872. Am'd. 1873-4, 164; 1877-8, 70. Cal. Rep. Cit. 104, 64; 135, 514; 145, 198. CHAPTER X. SETTLEMENTS WITH THE CONTROLLER AND PAYMENTS INTO THE STATE TREASURY. § 3S65. County treasurers, settlements and payments by. § 3866. Semi-annual settlements of county treasurers. § 3867. Treasurer neglecting to settle, penalty. § 3868. Semi-annual reports of county auditors. S 3S69. Auditor to send report to whom. § 3870. Failure of auditor to make report, penalty. § 3871. Deductions by controller on settlement. § 3S72. Manner of making payments into state treasury. § 3873. Controller's statement to contain what. § 3874. County treasurer to flle copy with auditor. § 3S75. Auditor to make certain entries. § 3876. Rate of mileage allowed treasurer. § 3877. Controller may examine books of any revenue oflacer. § 3878. Prosecution of officers defrauding state. § 387'J. Controller may designate county in which proceedings had. § 3880. Special counsel may be employed; expenses. § 3865. County treasurers, settlements and payments by. The treasurers of the respective counties must at any time, upon the order of the controller and treasurer of state, settle with the controller, and pay over to the treasurer all moneys in their possession belonging to the state. En. March 12, 1872. Cal. Rep. Cit. 99, 78. § 3866. Semi-annual settlements of county treasurers. The treasurers of all the counties or cities and counties of this state must, between the fifteenth and thirtieth days of December and May of each year, proceed to the state capitol and settle in full with the controller of state, and 897 SETTLEMENTS WITH CONTROLL.BR. S 3861 pay over in cash to the treasurer of state, all funds be- longing to the state which have come into their hands, as county treasurers, before the close of business on and including the first Llonday of said months, except principal and interest received on account of state school lands, which shall only be settled for up to and including the last day of the month prior to the month of settlement; provided, that the controller of state shall, on or before the fifteenth day of the month in which settlement is to be made, notify the treasurer of each county the amount of state school money which will be due the state from his county in the then pending settlement; the county treasurer shall thereupon and thereby be authorized to retain in the treasury of his county the said amount of state school money, and shall, at the time of paying over, in cash, to the treasurer of state, all other funds belong- ing to the state which have come into his hands as county treasurer, as aforesaid, file with the treasurer of state his certificate, stating the amount so retained; and the said certificate shall, for all purposes, be deemed and counted as cash in the state treasury to the amount therein stated, and shall be so accepted by each county treasurer on the payment of the apportionment of school moneys due his county. On the making of the appor- tionment of school moneys due to the respective counties and cities and counties, if there shall be a balance due the county, the treasurer of state shall immediately pay the same, and if there shall be a balance due the state the county treasurer shall immediately pay the same into the state treasury, li^, in the opinion of the controller of state, it appears irom the report of the county auditor that sufficient property tax has not been collected to make it for the interest of the state that a settlement should be made, the controller shall defer the settlement until the next regular settlement. No mileage, fees, or com- missions shall be allowed any officer for any deferred settlement; provided, that in case any settlement is so deferred, the county auditor, in his next report to the controller of state, shall include therein all moneys re- quired to be reported since the date of his last report upon which a settlement was made. En. March 12, 1872. Am'd. 1873-4, 165; 1875-6, 64; 1877-8, 66; 1891, 450; 1893, 56. Cal. Rep. Cit. 99, 78. § 3867. Treasurer neglecting to settle, penalty. Every county treasurer who neglects or refuses to appear at the Pol. Code— 57 SS 3868-3871 SETTLEMENTS WITH CONTROLLER. «9!( office of the controller and treasurer at the times specified in this chapter, and then and there to settle and make pay- ment as required by this chapter, shall forfeit to the state of California one thousand dollars, to be recovered in an action brought by the attorney-gener 1 in the name of the controller. En. March 12, 1872. Am'd. 1895, 333. Cal. Rep. Cit. 76, 279. § 3868. Semi-annual reports of county auditors. The auditoj of each county, between the first and tenth day of each month in which the treasurer of his county is re- quired to settle with the controller, must make, in dupli- cate, and verify by his aflidavit, a report to the controller of state, in such form as the controller may desire, show- ing specifically the amount due the state from each par- ticular source of revenue at the close of business on and including the first Monday of the month in which settle- ment is required, except principal and interest received on account of state school lands, which shall be reported up to the end of the previous month. En. March 12, 1872. Am'd. 1877-8, 66; 1893, 55. § 3869. Auditor to send report to whom. The auditor must at once transmit by mail or express to the controller one copy of the report, and must deliver the other copy to the treasurer of his county. En. March 12, 1872. § 3870. Failure of auditor to make report, penalty. Every auditor who fails or refuses to make and transmit the report required by this chapter, or any report or state- ment required by this title, forfeits to the state of Califor- nia one thousand dollars, to be recovered in an action brought by the attorney-general in the name of the con- troller. En. March U, 1872. Am'd. 1895, 333. Cal. Rep. Cit. 76, 279. § 3871. Deductions by controller on settlement. In the settlement, the controller must deduct the mileage allowed to the county treasurer in making settlement, the state's portion of the repayments made under section three thou- sand eight hundred and twenty-four, the state's portion of all amounts refunded under section three thousand eight hundred and four, and any other amounts due the county, or city and county. En. March 12, 1872. Am'd. 1895, 333. 899 SETTLEMENTS "WITH CONTROLLER. §§ 3872-38(a § 3872. Manner of making payments into state treasury. The manner of making payments into the state treasury is prescribed by sections 433, 434, 452, and 453 of this code. En. March 12, 1872. Cal. Rep. Cit. 87, 290. § 3873. Controller's statement to contain what. The controller must, after the treasurer has made settlement and payment, enter upon each copy of the auditor's report a statement showing: 1. The amount of money by the county treasurer paid into the state treasury. 2. The amounts authorized to be deducted under sec- tion three thousand eight hundred and seventy-one. And must then return one copy of the report to the county treasurer. En. March 12, 1872. Am'd. 1895, 333. § 3874. County treasurer to file copy with auditor. The county treasurer must file with the auditor of his -county the copy returned to him by the controller. En. March 12, 1872. § 3875. Auditor to make certain entries. The auditor must then make the proper entries in his account with the treasurer. En. March 12, 1872. § 3876. Rate of mileage allowed treasurer. The con- troller must, in the settlement, allow the treasurer for mileage at the rate of forty cents per mile from the county seat to the capital, such mileage not to exceed at any settlment one hundred dollars. En. March 12, 1872. Cal. Rep. Cit. 132, 267. § 3877. Controller may examine books of any revenue officer. The controller may examine the books of any officer charged with the collection and receipt of state taxes. En. March 12, 1872. § 3878. Prosecution of officers defrauding state. If he believes any officer has been guilty of defrauding the state of revenue, or has neglected or refused to perform any duty relating to the revenue, he must direct the attorney- general, or other counsel, to prosecute the delinquent. En. March 12, 1872. Am'd. 1895, 334. § 3879. Controller may designate county in which pro- ceedings had. When any law in relation to the revenue §§3880,3881 MISCELLANEOUS REVENUE PROVISIONS. »U0 of the state has been so far violated as to require the prose- cution of the offender for a criminal offense, or proceed- ings against him oy civil action, the controller may desig- nate the county in which the prosecution or proceeding may be had. En. March 12, 1872. § 3880. Special counsel may be employed; expenses. The controller or attorney-general may employ other coun- sel than the district attorney, and the expenses must be audited by the board of examiners and be paid out of the state treasury. En. March 12, 1872. CHAPTER XL MISCELLANEOUS PROVISIONS. § 3SS1. Clerical errors m assessment books; correction. § .3882. Omissions, etc., in delinquent lists, how corrected. § 3SS3. Publication of corrected delinquent lists. § 3884. Initial letters, abbreviations, and figures may be used. § 3885. No assessment illegal tor informality or delay. § 3SS6. Fines, forfeitures and penalties paid into county treasurer. (Repealed.) § 3887. Who liable for taxes on mortgaged or pledged personal or real estate property. (Repealed.) § 3SS8. Taxes payable in lawful money of United States. § 3SS9. Annual settlements of assessors, district attorneys and treas- urers. § 38D0. Officers to perform only duties of their own oflaces. § 3&91. When this title takes effect. § 3892. Saving clause. § 3893. Compensation of assessor and auditor for extra services. (Re- pealed.) § 3894. Deputies for assessors. (Repealed.) § 3895. Compensation of deputies. (Repealed.) § 3896. State board may dispense with duplicate assessment book. (Repealed.) § 3897. Sale of property purchased by state. § 3898. Moneys received, how distributed. Deed. § 3898a. Transfer to university of lands acquired by tax sales. § 3899. .Action for taxes over three hundred dollars. § 3900. Oflicials may designate where action commenced. j 3881. Clerical >.,rrors in assessment books; correction. Clerical omissions or errors or "lefects in description or- defects in form in any assessment book when it can be ascertained from the assessment book, or from the as- sessor's map or block books, or from the list furnished by the property owner what was intended to be assessed, or what should have been assessed, may, with the written consent of the district attorney, be supplied or corrected 1 the assessor at any time prior tc sale for delinquent taxes, after the assessment was made; provided further, that where said change will decrease the amount of tax 9C1 MISCELLANEOUS KEVENUE PROVISIONS. §§ 3882-3885 charged against the taxpayer by reason of said assessment, the consent of the board of supervisors shall also be necessary to said change; provided further, that the date and nature of said correction shall be entered opposite sfJd assessment and the written authorization therefor shall be preserved by the said assassor as a pubLc record; provided further, that where said change will increase the amount of tax on any assessment, the person so charged shall be notified at least five days before said change, and if said person is dissatisfied with said change he may present his objections to the board of supervisors, and their decisiou in the matter shall be conclusive. In the city and county of Sin Francisco the written consent of the city and county attorney shall have the same force an effect as the written consent of the district attorney. En. March 12, 1872. Am'd. 187.5-6, 59; 1895, 334; 1901, 653. Cal. Rep. Cit. 91, ^39; 137, 701; 146, 676. Assessment book, original: Ante, sec. 3650. Duplicate: Ante, sec. 3732. § 3882. Omissions, etc., in delinquent lists, how cor- rected. When the omission, error, or defect hfis been carried into a delinquent list of any publication, the list o:- publication may be republished a^ amended, or notice oi the correction may be given in a supplementary publi- cation. En. March 12 1872. Cal. Rep. Cit. 53, 394. § 3883. Publication of correcteci delinquent lists. The publication nust be - •'.de in the same manner as the original publication, and for not less than one week. En. March 12, 1872. Cal. Rep. Uit. 53, 394. § 3884. Initial letters, abbreviations, and figures may be used. In the assessment of land, advertisement and sale thereof for taxes, initial letters, abbreviations, and the figures may be used to designate the township, range, sec- tion or part thereof, and such other abbreviations as may be approved by the state board of equalization; provided, a v/ritten or printed explanation of such abbreviations shall appear on each page of the assessment roll or book. En. March 12, 1872. Am d. 1901, 654. § 3885. No assessment illegal for Informality or delay. No assessment or act relating to i ssessment or collection §§ 3886-3891 MIiSCEL,IlA.NEOUS REVENUE PROVISIONS. »02 of taxes is illegal on account of informality, nor because the same was not completed within the time required by law. En. March 12, 1872. Cal. Rep. Cit. 46, .30; 83, 400; 93, 469; 116, 353; 116, 355; 131, 614; 137, 250; 137, 701; 137, 702; 142, 564; 142, 565; 146, 677. § 3886. Fines, forfeitures^ and penalties paid Into county treasurer. (Repealed.) En. March 12, 1872. Rep. 1895, 334. Cal. Rep. Cit. 76, 278. § 3887. Who liable for taxes on mortgaged or pledged personal or real estate property. (Repealed.) En. March 12, 1872. Rep. 1880, 17. Cal. Rep. Cit. 67, 110. § 3888. Taxes payaLle in lawful money of United States. Taxes must be paid in the lawful money of the United States. A tax levied for a special purpose may be paid in such funds as may be directed. En. March 12, 1872. Am'd. 1895, 334. Legal tender notes to be received at par for taxes: Stats. 1880, p. 8. ] 3889. Annual settlements of assessors, district attor- neys and treasurers. Every assessor, district attorney and county treasurer must annually, on the first Monday of January, make a settlement with the county auditor of ail transactions connected with the revenue for the pre- vious year. En. March 12, 1872. § 3890. Officers to perform only duties of their own of- fices. The treasurer, tax collector, assessor, clerk of the board of supervisors and each member of the board must separately perform the duties required of him in his office, and must not, except in the cases provided by law, perform the duties required of any other officer under this title. En. March 12, 1872. § 3891. When this title takes effect. With relation to the acts passed at the present session of the legislature, the provisions of this title must, after this title takes effect, be construed as though this code had been passed and approved on the last day of the present session. But the provisions of this section do not apply to any act expressly amendatory of either of ^he codes, or putting into effect any^part of either; nor to an act approved March sixteenth, 903 MISCELLANEOUS REVENUE PROVISIONS. §5 3892-3897 eighteen hundred and seventy-two, entitled An act to ptit into immediate effect certain parts of the Political and Penal Codes; nor to an act approved March twenty- second, eighteen hundred and seventy-two, entitled An a • to put into effect certain parts of the codes and pro- vide for their publication. En. March 12, 1872. Ca!. Rep. Cit. 46, 98; 143, 432. § 3892. Saving clause. All taxes assessed before this code takes effect must be collected under the laws in force at the time the assessment was made, and in the same manner as if this code had not been passed. EH. March 12, 1872. § 3893. Compensation of assessor and auditor for extra services. (Repealed.) En. March 12, 1872. Rep. 1895, 334. § 3894. Deputies for assessors. (Repealed.) En. March 12, 1872. Rep. 1895, 334. Cal. Rep. Cit. 102, 447. §3895. Compensation of deputies. (Repealed.) En. March 12, 1872. Rep. 189.5, 334. Cal. Rep. Cit. 102, 447. § 3896. State board may dispense with duplicate assess- ment book. (Repealed.) En. March 12, 1872. Rep. 1895, 334. § 3897. Sale of property purchased by state. Whenever the state shall become the owner of any property sold for taxes and the deed to the state has been filed with the controller as provided in section three thousand seven hundred and eighty-five, 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 a notice for at least three successive weeks in some newspaper published in the county or city and county, or if there be no newspaper published therein, then by posting a notice in three conspicuous places in the county or city and county, one of which shall be at the United States postoflice nearest the land, in addition to a notice conspicuously posted on the land itself for the same period. Such notices must state specifTcally the place of and the day and hour of sale and shall contain a description of the property to be sold and shall also contain a detailed state- § 3S9S MISCELLANEOUS REVENUE PROVISIONS. W* ment of all the delinquent taxes, penalties, costs and ex- penses up to the date of such sale and shall give the name of the person to whom the property was assessed for each year on which there may be delinquent taxes against said property or any part thereof, and said notice shall also em- body a copy of the authorization received from the con- troller. It shall be the duty of the tax collector, to mail a copy of said notice, postage thereon prepaid, to the party to whom the land was last assessed next before the sale, if such address be known. At the time set for such sale, the tax collector must sell the property described in the controller's authorization and said notices, at public auction to the highest bidder for cash in lawful money of the United States; but no bid shall be received or accepted at such sale for less than the amount of all the taxes levied upon such property and all interests, costs, penal- ties and expenses up to the date of such sale; provided, however, that if the board of supervisors of the county, or city and county, in which any such property is situate, shall, by resolution entered upon their minutes, declare that, in their judgment, the property so owned by the state, and particularly described in said resolution, is not at that time of value great enough that it can be sold by the state for a Slim equal to the amount of all taxes levied upon said property, and all interests, costs and penalties and ex- penses up to the date of such sale, and that it would be to the best interest of the state to sell the said property for a sum to be stated in said resolution less than the sum above named upon receipt of a copy of said resolution, certified by the clerk of said board of supervisors, the state controller may thereupon, by written authorization, direct the tax collector of the county, or city and county, to sell the said property so described in raid resolution for a sum not less than the sum stated in said resolution, together with the expenses of sale. The expense of giving the no- tice herein required shall be a charge against the county. En. Stats. 1873-4, 153. Am'd. 1895, 334; 1897, 436; 1905, 31. Cal. Rep. Cit. 137, 465; 137, 466. § 3898. Moneys received, how distributed. Deed. The moneys received from such sale shall be distributed as follows: The tax collector shall deduct the penalties, costs and other amounts received as expenses of such sale in such cases a.s the property so sold shall have been sold for a sum not le^j.s than the amount of all taxes levied thereon and all interests, costs and penalties up to the date of such sale, but where the property so sold shall have 905 MISCELLANEOUS REVENUE PROVISIONS. § 8898a been sold for a sum less than said amount, the tax collector shall deduct only the amounts received as expenses at- tending such sale, and the balance shall be distributed be- tween the state and the county, or city and county, in the proportion that the state rate bears to the county, or city and county, rate of taxation; said tax collector shall pay all amounts into the county treasurer, and the treasurer shall account to the state for its portion in the settlement required by section three thousand eight hundred and sixty- five and section three thousand eight hundred and sixty- six. On receiving the amount b.d, as prescribed in the preceding section, the tax collector must execute a deed to t^e purchaser, reciting the facts necessary to authorize such sale and conveyance, which deed shall convey all the interest of the state in and to such property, and shall be prima facie evidence or all facts recited therein. En. Stats. 1873-4, 154. Am'd. 1895, 335; 1905, 32. Cal. Rep. Cit. 73, 613. § 3898a. Transfer to university of lands acquired by tax sales. Whenever the state has or shall become the owner of any property sold for taxes and the deed to the state has been filed with the controller, upon which property there appears of record a mortgage to the regents of the Uni- versity of California, and such mortgage and the debt secured thereby have not been both paid in full and satisfied of record, the controller, upon receiving proof, by affidavit of the president and secretary, or acting secretary or of the treasurer of said regents, that the debt secured by said mortgage has not been fully paid, shall direct the tax collector of the county, or city and county, in which such lands are situated, to execute a deed of such lands in the name of the state of California to the regents of the University of California. Said tax collector shall thereupon publish a notice once a week for at least three successive weeks in some newspaper published in the county or city and county in which such lands are situated, or if there be no newspaper publisned therein, then said tax collector shall post a notice in three conspicuous places in said county, or city and county, at least three weeks before the day to be named in said notice as hereinafter provided. Said notice must state that on or after a day therein mentioned (which day shall be not less than four weeks, and not more than eight weeks after the first publication or posting of said notice), said tax collector will execute and deliver to the regents of the University of California a deed to the § 3898a MISCELLANEOUS REVENUE PROVISIONS. »06 property, and shall uescribe said property and shall state that said deed will be made because of a sale of said property to the stat^ for delinquent taxes, and because the regents of the University of Caliiornia is interested in the said property. No other matters need be contained in said notice. One or more pieces of land may be described in the affidavit, notice, deed and report herein provided for. Unless prior to the day so to be mentioned in such notice, there shall be paid to the said tax collector the full amount for which said property was sold to the state, together with all interest and penalties thereon and all expenses and costs connected therewith, and all ■subsequent state and county taxes not theretofore paid in full, and all interest and penalties thereon and all costs and expenses connected therewith, and also the expense of publishing- or posting said notice, as the case may be, then said tax collector shall on said day, or within ten days thereafter, execute, acknowledge and deliver such deed to said regents without any payment, charge or fee therefor, and saall within five days thereafter report in writing to the controller the fact of the execution of such deed. In the event said notice shall describe two or more pieces of land assesser separately and sold separately to the state, then if all the payments above provided for be made witLin the time aforesaid in respect to any one of said pieces so separately assessed and sold (including the entire cost of publishing or posting said notice, as the case may be), such piece so paid upon shall not be included in the deed herein provided for, and the fact of such payment and amount paid shall be stated in the said report to the controller. Such deed shall transfer, grant, convey and confirm to the regents of the University of California the entire title to such lands, free and clear of all claims and incumbrances whatsoever; but nothing herein contained shall be held to interfere with the right of said regents to enforce said mortgage or the payment of the debt secured thereby, or to procure a decree of foreclosure and a sale under such decree of all or any of the property described in such mortgage. Said deed shall recite the facts in this section provided as authoriz- ing,- its execution and shall be prima facie evidence thereof and of all matters therein recited and of the ownership of said lands by said regents. Said deed may be recorded in the offlce of the county recorder of the county or city and county in which any such lands are situated; and upon the expiration of two : ears after it has been so recorded, shall, (excer as against parties deriving title through a sale ana purchase under decree of foreclosure of such mortgage), bt conclusive evidence that the com- 907 MISCELLANEOUS REVENUE PROVISIONS. § 389a plete fee simple title to the property therein described vested at the date of said deed in the regents of the University of California, free and clear of all claims, liens, charges, and incumbrances whatsoever; provided, however, that in any action which may be commenced against said regents before the expiration of said two years to question the title of said regents to said property, said deed shall be prima facie evidence only. The expense of the publication ard posting herein provided for shall be paid by the regents of the University of California, unless such expense should be paid to said tax collector prior to the day mentioned in said notice, as hereinabove permitted. While any mortgage to said regents appear? of record and not satisfied of record, no sale of any lands therein described shall be made under the provisions of section 3897 of this code. Any moneys which may be paid under the provisions of this section shall be dis- tributed as provided in section 3898 of this code. En. Suats. 1903, 154. § 3899. Action for taxes over three hundred dollars. The controller may, at any time after a delinquent list has been delivered to a tax collector, direct such tax c Hector not to proceed in the sale of any property on said list whereon the taxes shall amount to three hundred dollars or more. Upon such direction, the tax collector must make out, and deliver to the controller, a certified copy of the entries upon the delinquent list relative to such tax. The controller shall thereupon direct the attor- ney-general to bring suit against the delinquent, in the proper court, in the name of the people of the state of California, to enforce such collection. The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials and appeals, are hereby made applicable to the pro- ceedings herein provided for. The moneys received in pursuance of this section shall be distributed as provided in the preceding section. En. Stats. 1873-4, 154. Am'd. 1895. 23; 1895. 335. Cal. Rep. Cit. 73, 613; 83, 412; 99, 599; 99, 600; 99, 601; 137, 464. This section was also amended at the same session (p. 23) as follows: The controller may, at any time after a delinquent list has been delivered to a collector, direct such collector not to proceed in the collection of any tax on said list amounting to three hundred dollars, further than to offer for sale but once to the state any property upon which such tax is a lien. Upon such direction, the col- lector, after offering the property for sale once, if the taxes which are a lien upon such property are not then § 3900 MISCELLANEOUS REVENUE PROVISIONS. 908 and there paid by the owner or person in interest, the collector must make out and deliver to the controller a certified copy of the entries upon the delinquent list relative to such tax, and the tax collector, or the con- troller, in case the tax collector refuses or neglects for fifteen days after being directed to bring suit for collection by the controller, may proceed by civil action in the proper court, and in the name of the people of the state of Cali- fornia, to collect such tax and cost. § 3900. Officials maj' designate where action commenced. Whenever, in this title, any oflBcial, or officials, are author- ized to commence an action for the violation of any law relating to revenue, or to compel the specific performance thereof, such official, or officials, may designate the county, or city and county, in which such action shall be commenced as prosecuted. En. Stats. 1873-4, 155. Am'd. 1895, 335. Cal. Rep. Cit. 73, 613; 83, 412; 108, 300. The one hundred and twelfth and one hundred and thir- teenth section of the act of 1895, amending the tax law 'are as follows: Sec. 12. All acts and parts of acts in conflict with this act are hereby repealed; provided, nothing in this act contained shall affect the time or manner of collect- ing delinquent assessments levied and assessed to pay the damages, costs and expenses for or incident to the laying out, opening, extending, widening, straightening, diverging, ci^rving, contracting or closing up, in whole or in part, any street, square, lane, alley, court or place within municipalities in this state, nor the time or man- ner of sales, or redemption after sales, of real property sold to pay the damages, costs and expenses incident to such work or improvement aforesaid; and the time and manner of sale or redemption after sale of any real prop- erty sold to pay the damage, cost and expense for or incident to laying out, opening, extending, widening, straightening, diverging, curving, contracting or closing up, in whole or in part, any street, square, lane, alley, court or place within municipalities in this state shall be had and made in the same-time and manner, as provided by law in such matters, on the first day of January, Anno Domini eighteen hundred and ninety-five. Sec. 113. This act shall take effect and be in force from and after its passage. Attachment: See Code Civ. Proc, sees. 537-559. Crimes against the revenue and property of this state: Pen. Code, sees. 424-443. PART ly. OF THE GOVERNMENT OF COUNTIES, CITIES AND TOWNS. (9oa> PART IV. OF THE GOVERN' TENT OF COUNTIES, CITIES AND TOWNS. Title I. Of Counties, §§ 3901-3985. II. The Government of Counties, §§ 4000-4347. III. The Government of Cities, §§ 4354-4449. rV. Liability of Counties and Cities for Injuries to Property by Mobs or Riots, §§ 4452-4457. V. Publications by State OflBcers and Commission- ers, or tne Officers of Counties, Cities, Cities and Counties, or Towns, §§ 4458, 4459. TITLE I. OF COUNTIES. Chapter I. County Boundaries and County Seats, §§ 3901- 3958. II. General Provisions Relating to Counties, §§ 3969-3985. CHAPTER I. COUNTY BOUNDARIES AND COUNTY SEATS. § 3901. County defined. § 3902. Counties in state designated In this title. § 3903. Courses deemed true. § 3904. Directions deemed due. § 390.'). To, on, along-, with or by a mountain or ridge, defined. § 3906. To, by, along, with. In, up, or down a creek, etc., defined. § 3907. In, to, or from ocean shore, etc., defined. § 3908. Mouth of creek, etc., defined. 5 3909. Del Norte. § 3910. Klamath. § 3911. Shasta. § 3912. Lassen. § 3913. Siskiyou. I 3914. Humboldt. § 3915. Tehama. 5 3916. Colusa. 5 3917. Lake. § 3918. Mendocino. § 3919. Trinity. 5 3920. Plumas. (910) 911 COUNTY BOUNDARIES AND SEATS. §§ SaOl, ZWZ § 3921. Sierra. § 3922. Butte. § 3923. Nevada. § 3H2-J Placer. § 3925. Yuba. § 3926. Sutter. § 3927. El Dorado. § 3928. Sacramento. § 3929. Yolo. § 3930. Amador. § 3931. Alpine. § 3932. San Joaquin. § 3933. Stanislaus. § 3934. Merced^ § 3935. Mono. § .39.36. Calaveras. § 3ii37. Tuolumne. § 3938. Mariposa. § 3939. Fresno. § 3940. Tulare. § 3941. Kern. § 3942. Inyo. § 3943. San Bernardino. § 3!)44. San Diego. § 3945. Los Angeles. § 3946. Santa Barbara. § 3947. San Luis Obispo. § 3948. Monterey. § 3949. Santa Cruz. § 39.^0. San Francisco. § 3931. San Mateo. § 39.12. Santa Clara. § 3953. Alameda. § 3954. Contra Costa. § 3955. Sonoma. § S956. Solano. § 3957. Marin. § 3958. Napa. § 3901. County defined. A county is the largest political division of the state „aving corporate powers. En. March 12, 1872. Cal. Rep. Cit. 60, 347; 114, 325; 133, 77. County — Governments, sees. 4000-4347; legislature to pro- vide a system of uniform, Const. Cal., art. XI, sec. 4; consolidation with city. Id., art. XI, sec. 7. Limits: The several counties as existing, recognized as legal sub- divisions of the state. Const. Cal., art. XI, sec. 1; bound- aries, post, sees. 3909-3958. New, formation of, Const. Cal., art. XI, sec. 3; see post, sec. 3975. Seat, removal of, Const. Cal., art. XI, sec. 2; see post, sees. 3976-3985. § 3902. Counties in state designated in this title. This state is divided into counties, named, bounded rnd con- stituted as provided in this title. En. March 12, 1872. Cal. Rep. Cit. 114, 325. §§ 3903-3909 COUNTY BOUNDARIES AND SEATS. Kli! Counties s they now exist, recognized as legal sub- divisions of this state: Const. Cal., art. XI, sec. 1. Boundaries and seats: Post, sees. 3909-3958. Disputed: Po.-3t, sees. 3969 et seci. New county, act providing for transfer of fund on: See General Laws, title Counties. Acts relating to boundary lines between certain coun- ties: See General Laws, title County Boundaries. § 3903. Courses deemed true. In describing courses the words "north," "south," "east" and "west," mean true courses, and refer to the true meridian unless otherwise declared. iHn. March 12, 1872. § 3904. Directions deemed due. The words "northerly," "southerly," "easterly" and "westerly," mean due north, due south, due east and due west, unless controlled by other words, or by lines, monuments, or natural objects. En. March 12, 1872. § 3905. To, on, al>-ng, with or by a mountain or ridge defined. The words "to," "on," "along," "with," or "by" a mountain or ridge, mean summit point, or summit line, unless otherwise expressed. En. March 12, 1872. § 3906. To, by, along, witii, in, up or down a creek, etc., defined. The words "to," "by," "along,," "with," "in," "up" or "down" a creek, river, slough, strait, or bay, mean the middle of the main channel thereof, unless otherwise ex- pressed. En. March 12, 1872. Cal. Rep. Cit. 137, 205. § 3907. In, to, or from ocean siiore, etc., defined. The words "in," "to" or "from" the ocean shore mean a point three miles from shore. The words "along," "with," "by" or "on" the ocean shore, mean on a line parallel with and three miles from the shore. En. March 12, 1872. § 3908. Mouth of creel<, etc., deiined. The mouth of a creek, river or slough which empties into another creek, river or slough, is the point where the middle of the chan- nel intersects. En. March 12, 1872. DEL NORTE. j 3909. uel Norte. Situated in the northwest corner of the Btate of California, beginning at a point in the Pacific 913 COUNTY EOUNDARIKS AND SEATS. 55 3S10, 3an Ocean, on the forty-second parallel of north latitude, three miles from shore, heing on the southern line of Oregon; thence running southerly, three miles from ocean shore, to a point on the northern line of Humboldt County, one mile south of the mouth of Klamath River; thence easterly, along the northern boundary of Humboldt County, to the summit of a spur of the Siskiyou range of mountains; thence northerly, following the summit of said spur of the Siskiyou range of mountains, to the forty-second parallel of north latitude; thence due west to the place of begin- ning. En. March 12, 1872. Am'd. 1887, 106. Cal. Rep. Cit. 114, 325. KLAMATH. § 3910. Klamath. Beginning at the southwest corner of Del Norte, as established in section 3909; thence south- erly, by ocean shore, to a point west from the mouth of Mad River, forming southwest corner; thence east to a, point in Trinity River, which forms common corner of Humboldt, Klamath and Trinity; thence northeasterly to and along Scott's Mountain to its point of intersection with the ridge dividing the waters which flow into Scott's Shasta and Sacramento rivers on the north from the waters which flow into Salmon and Klamath rivers on the south, forming the common corner of Siskiyou, Klamath and Trinity; thence northerly to and along the last-men- tioned ridge to the southeast corner of Del Norte, as established in section 3909; thence westerly along the southerly line of Del Norte to the place of beginning. County seat — Orleans Bar. En. March 12, 1872. Annexation of Klamath County to Humboldt and Siski- you counties: See act in Stats. 1874, p. 755, and amenda- tory and supplementary act in Stats. 1876, p. 603. SHASTA. § 3911. Shasta. Beginning at the northerly line of Tehama, at the head of Bloody Island, in Sacramento River; thence to and down the eastern channel to the mouth of Battle Creek; thence easterly, up Battle Creek, by the main channel, to the mouth of the middle fork, known as Digger Creek; thence up Digger Creek to its' head; thence east to a point south of Black Butte Moun- tain, forming southeast corner; thence north, on western Pol. Code— 58 5§ 3912, 3913 COUNTY BOUNDARIES AND SEATS. 914 line of Lassen, to a rock mound, forming northeast corner, on southern line of Siskiyou; thence west, on said southern line, to Castle Rock, forming northwest corner; thence southerly along Trinity Mountain to the head of Bee Gum Creek, forming southwest corner; thence easterly, down Bee Gum, Middle Fork and Cottonwood creeks to the western channel of Sacramento River; thence by direct line, to the point of beginning. County seat— Shasta City. En. March 12, 1872. LASSEN, § 3912. Lr.ssen. Beginning at southwest corner, on the northern line of Sierra, as established in section 3921, at a point on the summit of the ridge which crosses said line, and which "divides Long Valley from Sierra Valley; thence northwesterly, following said ridge, to a point due south from the town of Susan ville; thence westerly, along the ridge separating the waters which flow into the east branch of the north fork of Feather River, running through Indian Valley, from those which flow into the north fork of Feather River, running through Mountain Meadows, to a point on said ridge south from the point where the old and present traveled road from the Big Meadows, via Hamilton's ranch, first crosses the said north fork; thence north, to a point east of the soutueast corner of Shasta; thence west, along said extension line, to a point due south of Black Butte Mountain, being southeast corner of Shasta; thence north, to a point on southern line of Siskiyou marked by a rock mound, being northwest corner of Lassen and nortneast corner of Shasta; thence east, along said 1 le to the eastern boundary of the state; thence south along said state line, to the northeast corner of Sierra, as established in section 3921; thence west, along tne line of Sierra, to the place of beginning. County seat — Susan-ille. En. March 12, 1872. Cal. Rep. Cit. 104, 291. Survey of boundary line between Lassen and Siskiyou: Stats. 1872, p. 886. SISKIYOU. § 3913. Siskiyou. Commencing on the northern line of the state of California, at the range line between ranges numbered four (4) and five (5) east of Mount 915 COUNTY BOUNDARIES AND SEATS. §§ 3914, 3915 Diablo base and meridian; thence due south on said range line to the northern line of Shasta County; thence westerly along the northern line of Shasta and Trinity counties to the top of the ridge dividing the waters of the Salmon and its tributaries from the waters that flow into the Flamath and Trinity rivers and their tributaries, to where the Salmon enters the Klamath River; thence westerly on a direct line to the summit of me spur of the Siskiyou range of mountains; thence northeasterly, following the southeasterly line of Del Norte County, as described in section one of this act, to the forty-second parallel of north latitude; thence due east along the line dividing the states of Oregon and California, to the place of beginning. En. March 12, 1872. Am'd. 1887, 106. See, also, act of March 28, 1874, as to partitioning of Klamath County, between Siskiyou and Humboldt coun- ties: Ante, sec. 3910, note. Modoc , County, act creating: See General Laws, title Modoc County. HUMBOLDT. § 3914. Humboldt. Beginning at southwest corner, of Klamath, as established in section 3910; thence east, to common corner of Klamath, Humboldt and Trinity, in Trinity River, as established by section 3910; thence southeasterly, up Trinity River, to the mouth of its south fork; thence southeasterly, along the eastern side of said south fork, one hundred feet above high water mark, to the mouth of Grouse Creek ; thence south, to a point on the fortieth degree of north latitude, being on northern line of Mendocino, and forming southeast corner of Humboldt; thence west, on said line to the Pacific Ocean; thence northerly along the ocean shore, to the place of beginning. County seat — Eureka. En. March 12, 1872. Annexation of part of Klamath County to Humboldt: See sec. 3910, note. TEHAMA. § 3915. Tehama. Beginning at the point of intersection of Sacramento River with south line of township twenty- three north. Mount Diablo base; thence west, o-^ -said line, being northern line of Colusa, to the summit of the Coast Range, being southwest corner; thence north- § 3916 COUNTY BOUNDARIES AND SEATS. 916 erly, on said summit line to the southwest corner of Shasta, as established in section 3911; thence easterly, on the southern line of Shasta, as established in section 3911, to the northwest corner of Plumas, "jeing the point of intersection of southern line of Shasta with the summit line of the dividing ridge between the waters of Mill and Teer creeks, tributaries of the Sacramento River, and Rice's and Warner's creel-cs. tributaries of the north fork of Feather River, forming northeast corner of Tehama; thence southerly, along said summit line, to the north point of Butte County, it being the point where the northern road from Big Meadows to Butte Meadows, by Dye's house crosses the said summit line; thence south- westerly, in a direct line, to the head of Rock Creek; thence southwesterly, down Rock Creek to the south line of township twenty-four north, Moun. Diablo base; thence west. On said line, to the Sacramento River; thence along said river to the place of beginning. County seat — Red Bluff. ■ En. : larch 12, 1872. COLUSA. § 3916. Colusa. Beginning at southeast corner, being northeast corner of Yolo, in Sacramento River, at its intersection with the south line of township thirteen north, Mount Diablo base; thence west on said township line to the ridge dividing the waters flowing into Bear Creek and Stony Creek, from those flowing west into the north fork of Cache Creek and Clear Lake; thence northerly, along said ridge to the summit line of the Coast Range, being the western line of Lrake, forming southwest corner of Colusa and northwest corner of Yolo; thence northerly on said summit and western boundary of Lake, through Huir.-5 Mountain, to the southwest corner of Tehama, as established in section 3915; thence easterly on southern line of Tehama to inuial point of Tehama, in Sacramento River on south line of township twenty-three; thence down said river to the southwest corner of the Llano Seco grant; thence northeasterly, along said grant line to Its intersection with the northern boundary of township nineteen north; thence east to Butte Creek; thence down Butte Creek to Butte Slough; thence up Butte Slough to Sacramento River; thence down Sacramento River to the place of beginning. 917 COUNTY BOUNDARIES AND SEATS. g§ 3917, 3918 County seat — Colusa. En. March 12, 1872. Cal. Rep. Cit. 64, 179. Location of boundary between Glenn and Colusa: See General Laws, title County Boundaries. LAKE. § 3917. Lake. Beginning at the summit of Mount Hull, near Mount St. John, on the western line of Colusa, and forming the northeast corner of Lake and east corner of Mendocino; thence southerly and circuitously, by the summit line of the Mayacmas Range, being the dividing ridge between the waters flowing into the Russian and Eel rivers and those flowing easterly into Clear Lake, to the summit of Mount St. Helena; thence easterly along the line heretofore established, to the Buttes Canyon road; thence easterly, in a right line, to the most northern point of the Berryessa rancho; thence easterly along the northern line of said rancho, to the northeast corner thereof; thence east to the western line of Yolo County, as established in section 3929; thence northerly, on the western line of Yolo and Colusa counties, to the place of beginning. County seat — Lakeport. En. March 12, 1872. Boundary line between Lake and Yolo counties, act to more clearly define: Stats. 1872, p. 903. MENDOCINO. § 3918. Mendocino. Beginning at the southwest corner of Humboldt, as established in section 3914; thence south- westerly by the ocean shore, to a point three miles west of Walhalla River; thence east to the mouth of said stream, and up the channel two miles; thence easterly in a direct line, on northern line of Sonoma, to the most northern and highest peak of Redwood Mountain; thence east to the western boundary of Lake, on the summit of the Mayacmas Ridge; thence northerly, along the western and northern boundary of Lake, as established in section 3917, to the northeast corner thereof; thence northerly, along the western boundaries of Colusa and Tehama, as established in sections 3915 and 3916, to a point on the line of the fortieth parallel of north latitude, forming the northeast corner of Mendocino and the southeast corner §§ 3919, 3920 COUNTY BOUNDARIES AND BEATS. »18 of Trinity; tlience west along said yarallel, on southern line of Humboldt and Trinity, to tlie place of beginning. County seat— Ukiah City. En. March 12, 1872. TRINITY. § 3919. Trinity. Beginning at the northeast corner of Jlendocino, as established in section 3918, on the summit line of the Coast Range; thence northerly, on said range and the western line of Tehama and Shasta, to the point of intersection with the southern line of Siskiyou, being northeast corner of Trinity and northwest corner of Shasta; thence westerly, on the ridge dividing the waters flowing south and west into Trinity and Salmon rivers from the waters flowing north and east into Scott's and Sacramento rivers, to common corner of Klamath, Siski- you and Trinity, as established in section 3910; thence southwesterly, on the line of Scott's Mountain, being the southern line of Klamath, to common corner of Trinity, Klamath and Humboldt, as established in section 3909; thence southerly, by the eastern line of Humboldt, to the fortieth parallel of latitude, being the northern line of Mendocino, forming southwest corner; thence east, to the place of beginning. County seat — Wea^ erville. En. March 12, 1872. PLUMAS. § 3920. Plumas. Beginning on dividing ridge between the waters of Yuba and Feather rivers, at common corner of Yuba, Butte, and Plumas, established by survey and map of Joseph Johnston, county surveyor of Yuba County, July, eighteen hundred and fifty-seven, and indicated by a large spruce tree standing in front of the Buckeye House, marked "Corner of Plumas, Butte and Yuba"; thence northeasterly by direct line to the northwest corner of Sierra and the south corner of Plumas, in Slate Creek, at a point vyhere the third course or terminating north and south line of survey of Keddie and Church, made June nineteenth, eighteen hundred and sixty-six, crosses said creek; thence northeasterly, up said creek, to the inter- section of the first north and south line of said survey; thence north, on said line, to the initial point thereof, being the summit line of the ridge dividing the waters of Feather River from the waters of the Yuba River; thence 919 COUNTY BOUNDARIES AND SEATS. §8 3921, iVi'i easterly, on said summit line, and east to "The Falls," aboiit one mile below the outlet of Gold Lake; thence east, to the summit of the ridge which divides Long Valley from Sierra Valley, this point forming the most southern southwest corner of Lassen, as established in section 3912, also the southeast corner of Plumas; thence northwesterly, on the southwestern irregular line of Lassen, as estab- lished in section 3912, to the southeast corner of Shasta, as established in section 3911; thence west, on the southern line of Shasta, to the northeast corner of Tehama, as established in section 3915; thence southerly, on the ridge, being the eastern line of Tehama and Butte, to the point of intersection of a line running northwesterly from the initial point, at the Buckeye House, in line with said initial point and the southern edge of Walker's Plains; thence on said line to the place of beginning. County seat — Quincy. En. March 12, 1872. SIERRA. § 3921. Sierra. Beginning at the south corner of Plumas, in the center of State Creek, as established in section 3920; thence easterly, on southern line of Plumas, as established in said section, to the range line between township twenty-one north, range thirteen east, and town- ship twenty-one north, fourteen east, Mt. Diablo meridian; thence north on said range line, to the northwest corner of township twentj'-one north, fourteen east. Mount Diablo B. and M.; thence east on the line between townships twenty-one and twenty-two north, Mt. Diablo base, to the state line forming the northeast corner; thence south on said state line to the northeast corner of Nevada County, a point east of the source of south fork of the Middle Yuba River; thence west to the source of and down the south fork and Middle Yuba River to a point ten miles above the mouth of the latter; thence in a straight line northerly to a point on the north fork of the Yuba River known as Cuteye Foster's Bar; down said river to the mouth of Big Canyon Creek, then up said creek four miles; thence in a straight line to the place of beginning. County seat — Downieville. En. March 12, 1872. Am'd. 1873-4, 166. BUTTE. § 3922. Butte. Beginning at the northwest cortier of Yuba, in Feather River, at the mouth of Honcut Creek; 30 § 3923 COUNTY BOUNDARIES AND SEATS. 5(20 thence northeasterly, up the Honcut Creek and the north or Natchez branch of the same, to its source, on line established by surveyor-general, on survey of Westcoatt and Henning, eighteen hundred and fifty-nine; thence to th3 summit line of the ridge dividing the waters of the Yuba and Feather rivers; thence northeasterly, up said ridge, on line of said survey, to the third station three westerly from the Woodville House; thence in a right line, fifty chains more or less, to a station tree easterly from said house about twenty-six chains — said right line passing about three chains northerly of said house; thence northeasterly on said ridge and survey, to a point on line of said survey a little westerly from the village of Strawberry Valley — which point is two thousand feet distant westerly, in right line from point of highest altitude on line of said survey east, and within three hun- dred yards of the village of Strawberry Valley; thence to the common corner of Plumas, Butte and Yuba, as established in section 3920; thence northwesterly, on southwesterly line of Plumas, as established in said section, to the most eastern, southeastern corner of Tehama, as established in section 3915, forming also north corner of Butte; thence southwesterly on the southeasterly line of Tehama to the southeast corner of Tehama, at point of intersection of Rock Creek and southern line of township twenty-four north, Mt. Diablo base; thence west on said township line to the Sacramento River; thence down said river to the southwest corner of the Llano Seco grant; thence northeasterly, along said grant line to its intersection with northern boundary of township nine- teen north; thence east to Watson's bridge, on Butte Creek; thence on Colusa County east line, down Butte Creek, to the northwest corner of Sutter County, as estab- lished in section 3920; thence east, on north line of Sutter County to Feather River; thence down Feather River to place of beginning. County seat— Oroville. En. March 12, 1872. Am'd. 1873-4, 167. NEVADA. § 3923. Nevada. Beginning at northwest corner, at a point in the main Yuba River, at the mouth of Deer Creek; thence up the main Yuba, to the mouth of the Middle Yuba; thence up the latter, to the mouth of the south fork of the same; thence up the south fork, to its source; 921 COUNTY BOUNDARIES AND SEATS. §§ 3924, 3925 thence east, to the eastern line of the state, all on the southeastern and southern lines of Yuba and Sierra; thence south, along the state line, to the northeast corner of Placer, as established in section 3924; thence westerly, on the northern line of Placer, as established in said section, to the source of Bear River; thence down Bear River to a point south of the junction of Deer Creek and the main Yuba, forming southwest corner; thence north, to the place of beginning. County seat— Nevada City. En. March 12, 1872. PLACER. § 3924. Placer. Begininng at a point where the west line of township ten north, range five east, Mt. Diablo meridian, intersects the northern line of Sacramento County, as established in section 3928; thence north, on range line, to the northwest corner of section six, in town- ship ten north, range five east; thence east, on township line, to the southwest corner of section thirty-one, town- ship eleven north, range five east; thence north, on range line, to the northwest corner of township twelve north, range five east; thence east to the southwest corner of section thirty-four, township thirteen north, range five east; thence north, to Bear River; thence on southern line of Yuba and Nevada counties, up said river to its source; thence east, in a direct line, to the eastern line of the state of California, forming northeast corner; thence southerly, along said line, to the northeast corner of El Dorado, as established in section 3927; thence westerly, on the northern lines of El Dorado and Sacramento, as established in sections 3927 and 3928, to the place of be-- ginning. En. March 12, 1872. Am'd. 1889, 402. YUBA. § 3925. Yuba. Beginning at southwest corner, at junc- tion of Feather and Bear rivers; thence up Bear River, on the line of Sutter and Placer, to southwest corner of Nevada, as established in section 2923; thence north, on Nevada line, to the junction of Deer Creek and main Yuba; thence up the Main to the Middle Yuba, and up the Middle Yuba len miles, to the southwest corner of Sierra, as established in section 3921; thence in direct line northerly, and on line of Sierra, to Cuteye Foster's Bar, on north §§ 3926, 3027 COUNTY BOUNDARIES AND SEALS. »ja Yuba River; thence down the river to the mouth of Big Canyon Creek; thence up said creek four miles; thence in direct line to south corner of Plumas and northwest corner of Sierra, in Slate Creek, as established in sections 3920 and 3921; thence northwesterly, in a direct line, to common corner of Plumas. Butte and Yuba, in front of xj ckeye House, as established in section 3920; thence on southwestern line of Butte, as established in Westcoatt and Henning's survey and map, down the Honcut Creek to its junction with Feather River; thence down Feather River to the place of beginning. County seat— Marysville. En. March 12, 1872. SUTTER. § 3926. Sutter. Beginning at the northwest corner of Sacramento County, as established in section 3928; thence up the Sacramento River to the mouth of Butte Creek Slough; thence down said slough to the dividing line between sections thirty-five and thirty-six. township six- teen north, range one west, Mount Diablo base and meridian; thence north, on said line to Butte Creek; thence following said Butte Creek to its intersection with the south line of section nineteen, township seventeen north, range one east. Mount Diablo base and meridian; thence east, on section line to Feather River; thence down Feather River to mouth of Bear River; thence up Bear River to northwest corner of Placer County, as established in section 3924; thence along the western boundary of Placer County to the southwest corner thereof; thence westerly along the northern boundary of Sacramento County to the place of beginning. En. March 12, 1872. Am'd. 1891, 455. Cal. Rep. Cit. 130, 139. EL DORADO. § 3927. El Dorado. Beginning on the west corner, at the junction of the north and south forks of the American River; thence up the north fork to the mouth of the middle fork; thence up the middle fork to the mouth of the south fork of the middle fork at Junction Bar; thence up said last-named fork to a point where the same is intersected by the Georgetown and Lake Bigler trail; thence along said trial to Sugar Pine Point, on the western 923 COUNTY BOUNDARIES AND SEATS. § 39a> shore of Lake Bigler; thence east to the state line; thence south and southeasterly, en the state line to the northern corner of Alpine, being the point where the state line crosses the eastern summit line of the Sierra Nevada Mountains; thence southwesterly, along the western line of Alpine, as establisl ed in section 3931, to the common corner of Alpine, Amador and El Dorado, as established by said section; thence westerly, on the northern line of Amador, as established in section 3930, and down the Cosumnes River and south fork thereof to the eastern line of Sacramento, as established in section 3928; thence northerly, by the eastern line of Sacramento, to the south fork of the American River; thence down the latter to the place of beginning. County seat — Flacerville. En. March 12, 1872. SACRAMENTO. § 3928. Sacramento. Beginning on the northern line of the couDty, at a point ten miles north of a point which was, on the thirtieth of March, eighteen hundred and fifty- seven; the mouth of the American river; thence easterly to the junction jf the north and south forks of said river; thence up the principal channel of the south fork to a point one mile above Mormon island, so as to include said island in Sacramento county, forming the northeast corner; thence southerly to a point on the Cosumnes river, eight miles above the house of William Daylor; thence soutn to Dry creek, forming southeast corner; thence down said Dry creek to its entrance into Mokelumne river; thence down the Mokelumne river to a point where said river divides into east and west branches; thence down the west branch to its junction with the east branch; thence down said river to its junction with the San Joaquin river; thence down the San Joaquin river to the mouth of the Sacra- mento river, at the head of Suisun bay, forming south- west corner; thence up the Sacramento river to the mouth of Merritt slough; thence up said slough to the mouth of Sutter slough; thence up said Sutter slough to the Sacra- mento river; thence up the Sacramento river to a point west of the place of beginning, forming the northeast cor- ner of Sacramento county; thence east to the place of be- ginning. County seat — Sacramento. En. March 12, 1872. Am'd. 1877-8, 70; 1905, 164. Cal. Rep. Cit. 137, 205. S5 39:3, 3930 COUNTY BOUNDARIES AND SEATS. YOLO. § 3929. Yolo. Beginning on southeast corner, at the most easterly northeast corner of Solano, in Sutter Slough, at its intersection with the first Standard North; thence west on said standard line of west line of /ange three east. Mount Diablo meridian: thence north on said range line to the northeast corner of township seven north, two east; thence west nine and seventy-two one-hundredths chains to southeast corner of township eight, two east; thence north on easterly line of said township to the old bed of Putat Creek; thence westerly up the old bed and main Putah Creek, to a point on eastern line of Napa, in the canyon called Devil's Gate, where the highest ridge of mountains divides the waters of the Sacramento from Berryessa Valley, forming tlie most westerly of me south- west corners of Yolo and northwest corner of Solano; thence northerly along the highest ridge cf said moun- tains to Cache Creek: thence east to the summit of the spur of the Coast Range, which divides the waters flowing east in Bear Creek and Stony Creek, and those flowing west into the north fork of Cache Creek: thence north- erly along the said dividing ridge, following the divide of said waters to the summit of the Coast Range of mountains on the easterly line of Napa and Lake and to the southwest corner of Colusa, as established in sec- tion 3916: thence easterly, on southern line of Colusa, as established in said section, to Sacramento River, form- ing the northeast corner at the point of intersection of the southern line of township thirteen north, Mount Diablo base; thence down said river to Sutter Slough; thence down said slough to the place of beginning. County seat— Woodland. En. March 12, 1872. Cal. Rep. Cit. 130, 139; 137, 205. Boundary between Lake and Yolo: Ante, sec. 3917. AMADOR. § 3930. Amador. Beginning at the southwest corner, in the Mokelumne River, on the eastern boundary of San •Toaquin, as established in section 3932; thence up said river to its junction with the north fork of the same; thence up the said north fork to the line of Alpine, being at a point south of the common corner of Amador, Alpine 925 COUXTY BOUNDARIES AND SEATS. §§ 3931, 3932 and El Dorado, which is in the center of the Amador and Nevada Road, in front of Z. Kirkwood's house, as established in section 3931; thence north by the line of Alpine to said common corner; thence westerly along said road to a point east of the source of the south fork of the south fork of the Cosumnes River; thence west to said source; thence down the south fork of the south fork and the south fork and the main Cosumnes River to the eastern line of Sacramento, as established in section 3928; thence by eastern lines of Sacramento and San Joaquin to the place of beginning. County seat — Jackson. En. March 12, 1872. ALPINE. § 3931. Alpine. Beginning at north corner, at a point where the state line crosses the east summit of the Sierra Nevada Mountains, being the most easterly corner of El Dorado; thence southwesterly, along said summit to a point two miles west of James Green's house, in Hope Valley; called Thompson's Peak; thence southwest- erly, in a direct line, to a point on the Amador and Nevada turnpike road, in front of Z. Kirkwood's house, being common corner of Amador, Alpine and El Dorado; thence south, across the north fork of the Mokelumne River, to the road leading from West Point, in Calaveras, to Big Tree Road, near the Big Meadows; thence easterly, along said West Point Road to the Big Tree Road; thence easterly, in a direct line to where the Sonora trail strikes the middle fork of the Stanislaus River; thence easterly, along said trail to the summit of the Sierra Nevada Mountains; thence northerly, along said summit to the dividing ridge between West Walker and Carson rivers; thence northeasterly, along said dividing ridge to the state line, forming easterly corner of Alpine and northerly corner of Mono; thence northwest along said state line to the place of beginning. County seat — Silver Mountain. En. March 12, 1872. SAN JOAQUIN. § 3932. San Joaquin. Beginning at the junction of the San Joaquin and Mokelumne rivers, on the line of Sac- ramento County; thence up the latter to the mouth of Dry Creek; thence up Dry Creek to the southeast corner § 3933 COUNTY BOUNDARIES AND SEATS. »aB of Sacramento, as established in section 3928; thence southeasterly, to a point on Mokelumne River, being the point of beginning of survey of Boucher and Wallace of line between San Joaquin and Calaveras counties, May, eighteen hundred and sixty-four; thence southeasterly, on the line of said survey, to the extreme northern corner of Stanislaus County, on north side of and near to Cala- veras River, at a point on western line of range ten east, Mount Diablo meridian, as established by survey of George E. Drew, approved May, eighteen hundred and sixty, shown on map of said survey; thence south, on said range line, to Stanislaus River; thence down said river to its con- fluence with the San Joaquin; thence southwest to the sum- mit of the Coast Range, as shown on survey and map of Wallace and Stakes. May, 1868. and forming the com- mon corner of San Joaquin, Stanislaus, Santa Clara and Alameda, as shown also on map of Boardman and Stakes, July, eighteen hundred and sixty-eight; thence north- westerly, following the summit of the said Coast Range to a post near the middle of section thirty-two, township four south, range four east; thence north to the southeast corner of Contra Costa, being a point on the west channel of the San Joaquin River as laid down on Gibbe's map, at a bend where the said west channel, running down- ward, takes a general course north, which point is shown on map of Boardman and Stakes, July, eighteen hundred and sixty-eight; thence down the said west channel to its confluence with the main river; thence down said river to the place of beginning. County seat— Stockton. En. March 12, 1872. STANISLAUS. § 3933. Stanislaus. Beginning at common corner of Stanislau.-i, Santa Clara, Alameda and San Joaquin, on the summit of Mount Boardman, of the Mount Diablo range, as shown on survey and map of Wallace and Stakes, May, eighteen hundred and sixty-eight; thence southeast- erly, on the summit line of said range, being eastern line of Santa Clara, to the northwest corner of Merced, form- ing the southwest corner of Stanislaus, as established by survey and map of A. J. Stakes, July, eighteen hundred and sixty-eight; thence northeasterly, on line as estab- lished by said last-named survey, to the junction of the Merced and San Joaquin rivers; thence down the San 927 COUNTY BOUNDARIES AND SEATS. §§ »934, 3935 Joaquin seven miles; thence in a direct line a little north of east to a monument established by survey of A. J. Stakes, being on the summit of the ridge between Merced and Stanislaus, and marking common corner of Tu- olumne. Merced, Mariposa and Stanislaus; thence north- westerly, in a direct line, and crossing the Stanislaus River, to monument established by survey and map of George E. Drew. May, eighteen hundred and sixty, on the north bank of said last-named river; thence northwest- erly, on line of said survey, to its intersection with western line of range ten east. Mount Diablo meridian, which point is marked by a monument establishing the north corner of Stanislaus County; then south, on said ran^e line. 1o Stanislaus River; thence down the latter to its mouth, in San Joaquin River; thence southwesterly, on line as surveyed and mapped by Wallace and Stakes, May eighteen hundred and sixty-eight, to the place of begin- ning. County seat — Modesto. En. March 12, 1872. MERCET). § 3934. Merced. Beginning at northwest corner, being southwest corner of Stanislaus, as shown on survey and map of A. J. Stakes, eighteen hundred and sixty-eight; thence northeasterly, on southern line of Stanislaus, as described in section 3933. to common corner of Tuolumne, Mariposa. Merced and Stanislaus, as established in said section; thence southeasterly, by direct line, being western line of Mariposa, to Phillips' Ferry, on Merced River; thence southeasterly, on line of Mariposa, being line shown on "Map of Mariposa County," to Newton's Cross- ing on Chowchilla Creek, forming southeast corner; thence down the northern side and on high-water mark, being on line of Fresno, to the lower clump of cottonwood timber at the sink of said creek; thence south, forty-five degrees west, to the eastern line of Monterey, on summit of Coast Range forming southwest corner; thence northwesterly, by said summit and line of Monterey and Santa Clara, to the place of beginning. County seat— Snelling. En. March 12, 1872. MONO. § 3935. Mono. Beginning at north corner on state line, being east corner of Alpine, as established in section 3931 ; §§ 3936, 3937 COUNTY BOUNDARIES AND SEATS. 928 thence southwesterly, on the easterly line of Alpine, as established in section 3931, to the main summit of the Sierra Nevada Mountains; thence southerly, along said summit, on easterly line of Alpine, Tuolumne and Fresno, to a point where the northern line of township six south, Mount Diablo base, intersects said summit line, forming southwest corner; thence east, on said township line, being the northern line of Inyo, to the eastern line of the state, forming southeast corner; thence northwest, on the state line, to the place of beginning. County seat — Bridgeport. En. March 12, 1872. CALAVERAS. § 3936. Calaveras. Beginning at southern corner, at a point in the Stanislaus River where it intersects the eastern line of Stanislaus County, as established in section 3933, being a point one mile north of Knight's Ferry, and being the western corner of Tuolumne County; thence up said river and north fork thereof, to the east- erly line of Alpine, as established in section 3931; thence northerly, on the line of Alpine, to the southeast corner of Amador, as established in sections S930 and 3931; thence southwesterly, on the southern line of Amador, uown the Mokelumne River, to the southwest corner of Amador, on the eastern line of San Joaquin County; thence south- erly and southeasterly, on line of San Joaquin and Stanis- las, as established in sections 3932 and 3933, to the place of beginning. County seat — San Andreas. En. March 12, 1872. TUOLUMNE. § 3937. Tuolumne. Beginning at the most western cor- ner, being the southern corner of Calaveras, as established in section 3936, in Stanislaus River; thence southeasterly to common corner of Merced, Marisposa, Stanislaus, and Tuolumne, as established in section 3933; thence easterly, on northern line of Mariposa, following summit line of the dividing ridge between Tuolumne and Merced rivers, to Mount Lyell, as marked on Warren Holt's map, eighteen hundred and sixty-nine, and the summit of the Sierra Nevada Mountains, being on the western line of Mono and common corner of Tuolumne, Mariposa, and Fresno; 929 COUNTY BOUNDARIES AND SEATS. §5 3»38, 3So9 thence northerly by the line of Mono, being the summit line cf the Sierra Nevada Mountains, to the southern corner of Alpine, as established in section 3931; thence northwcsterl;, by the line of Alpine to the southeastern corner of Calaveras; thence westerly on the line of C ilaveras and down the Stanislaus River, to the place cf beginning. County seat — Sonora. En. March 12, 1872. MARIPOSA. § 3938. Mariposa. Beginning at the initial point of Fresno County, being where the Stockton Road to Miller- ton crosses the Chowchilla Creek, known as Newton's Crossing: thence north forty-five degrees east, to the southwest corner of section eleven, township six south, range twenty east, Mount Diablo base and meridian; thence east, following section lines to main ridge between waters of Big Creek and Fresno River; thence easterly, on the main ridge which divides the waters of the Merced and San Joaquin rivers, to the interesection of the same with the summit line of the Sierra Nevada Mountains and western line of Mono, the same point forming the common corner of Tuolumne, Fresno, and Mariposa, as described in section 3937; thence westerly, by the southern boundary of Tuolumne, to the southwest corner thereof, being com- mon corner of Stanislaus, Merced, Tuolumne, and Mari- posa; thence southeasterly, on western line of Merced, as established in section 3934, to the place of beginning. County seat — Mariposa. En. March 12, 1872. Cal. Rep. Cit. 142, 52; 142, 54; 142, 55. Boundary line of Mariposa and Fresno counties: Act to better define, in Stats. 1872, p. 891. Am'd. by Stats. 1874, p. 100. FRESNO. § 3939. Fresno. Beginning at southeast corner of Merced and southwest corner of Mariposa, being a point where the Stockton Road to Millerton crosses the Chow- chilla Creek, known as Newton's Crossing; thence west- erly down said stream, on the north side, on line of high-water mark, being on southeastern line of Merced, to the lower clump of cottonwood timber at the sink of said creek; thence south, forty-five degrees west, and Pol. Code— 59 § 3940 COUNTY BOUNDARIES AND SEATS. 930 on line of Merced, to the eastern boundary line of Mon- terey, as described in section 3948, being on summit of Coast Range; thence following said boundary line on said summit, in a southeasterly direction to a point in the same, which point is south forty-five degrees west from the point on King's River where northern line of township sixteen south crosses the same; thence north, forty-five degrees east, to said point on King's River; thence east, along northern line of township sixteen south, to the dividing ridge between the waters of King's River and Kaweah River; thence easterly, on the said dividing ridge, to the summit of the Sierra Nevada, being the western line of Inyo; thence northwesterly, on the summit line and lines of Inyo and Mono, to Mount Lyell. the common corner of Tuolumne, Mariposa, and Fresno; thence westerly and southwesterly, on the southeasterly line of Mariposa, as established in section 3938, to the place of beginning. County seat — Millerton. En. March 12, 1872. Cal. Rep. Cit. 142, 54; 142, 55. County seat of Fresno permanently located at town of Fresno: Stats. 1874, p. 913. Boundary line of Mariposa and Fresno counties: Ante, sec. 3938. County line between Fresno and Tulare — Act to estab- lish: Stats. 1876, p. 397, superseding like act in Stats. 1874, p. 700. TULARE. § 3940. Tulare. Beginning at southwest corner, be- ing common corner of Monterey, San Luis Obispo, Kern, and Tulare, and being the point where the line of the sixth standard south crosses the summit line of the Mount Diablo range of mountains; thence east, on said standard, to the point of intersection with summit line of the Sierra Nevada Mountains, forming the southeast corner of Tulare and the southwest corner of Inyo; thence northwesterly, on said summit, being on the western line of Inyo, to the east corner of Fresno, as established in section 3939; thence on the southern line of Fresno to the eastern line of Monterey; thence southerly, on the line of Monterey, as established in section 3948, to the place of beginning. County seat— Visalia. En. March 12, 1872. 931 COUNTY BOUNDARIES AND SEATS. §§ 3a41-3y43 KERN. § 3941. Kern. Beginning at northwest corner, being common corner of San Luis Obispo, Monterej', Tulare, and Kern, as established in section 3940; thence east, on sixth 'Standard south, Mount Diablo base, to the northwest corner of San Bernardino, as established in section o943; thence south, on the westerly line of San Bernardino, to southern line of township nine north, San Bernardino base, forming southeast corner; thence west along said line and extension thereof to the summit of the Coast Range, being on the line of Santa Barbara, forming south- west corner; thence northwesterly, on said summit line, being eastern line of Santa Barbara and San Luis Obispo, to the place of beginning. County seat— Havilah. En. March 12, 1872. County seat has been changed to Bakersfield. Act fixing boundary between San L-uis Obispo and Kern counties: Stats. 1885, 139. INYO. § 3942. Inyo. Beginning at the southeast corner of Tu- lare, as established in section 3940, being the point of intersection of sixth standard south. Mount Diablo base, with summit line of Sierra Nevada Mountains; thence east, by said standard and extension thereof, to the east- ern line of the state, forming southeast corner; thence northwesterly, on state line, to the southeast corner of Mono, as established in section 3935; thence west on the southern line of Mono to the summit of the Sierra Nevada Mountains, being on the eastern line of Fresno, and forming the southwest corner of Mono and northwest corner of Inyo: thence southeasterly on said summit line to the place of beginning. County seat — Independence. En. March 12, 1872. SAN BERNARDINO. § 3943. San Bernardino. Beginning at the southwest corner, a little northwesterly of Laguna Temecula, at a point on the northern line of San Diego, as established in section 3944, where a south line drawn from the highest peak of the Sierra de Santiago intersects the said boundary line; thence northwesterly on the summit of said Sierra to the Santa Ana River, between the ranch of Sierra and the residence of Bernardo Yerba; thence across the Santa § 3944 COUNTY BOUNDARIES AND SEATS. »33 Ana River along the summit of the range of hills that lie between the Cayotes and Chino (leaving the ranches Gutiveras and Ybana to the west of this line to the southwest corner of the ranch San Jose; thence northerly along the eastern boundaries of said ranch and of San Antonio and the western and northern boundaries of Cuca- monga ranch to the ravine of Cucamonga; thence north- erly up said ravine to its source in the Coast Range; thence north, on the easterly line of Los Angeles and Kern, to the sixth standard south, Mount Diablo base, being the northeast corner of Kern and northwest corner of San Bernardino; thence east by said standard line and exten- sion thereof to the state line; thence southeasterly on said state line to the Colorado River; thence down said river to the northern boundary line of San Diego County; thence westerly along the northern boundary line of San Diego County, as established in section 3944, to the place of beginning. County seat — San Bernardino. En. March 12, 1872. Cal. Rep. Cit. 87, 288. SAN DIEGO. § 3944. San Diegc. Beginning at south corner of Los Angeles in the Pacific Ocean, opposite San Mateo Point; thence northerly along the western line of Rancho Santa Margarita to the southern line of Mission Viejo or La Paz; thence along the southern and eastern line of La Paz to a point two miles north of the south boundary line of township seven south, range six west, San Bernardino base and meridian; thence northeasterly, to the south- west corner of San Jacinto Nuevo, in township four south, range four west; thence along west boundary of said rancho to line between townships three and four south; thence east to line between ranges two and three west; thence north on range line to a point where a line parallel with the southern boundary between the United States and Mexico will just clear the Rancho San Jacinto Viejo; thence northeasterly along such parallel line to the Colo- rado River; thence down that river to its junction with the boundary line between the United States and Mexico; thence westerly, following that boundary line into the Pacific Ocean; thence northerly to place of beginning. County seat— San Diego. En. March 12, 1872. Cal. Rep. Cit. 87. 288. 933 COUNTY BOUNDARIKS AND SEATS. gg 3945, 394« LOS ANGELES. § 3945. Los Angeles. Beginning at southeast corner of Santa Barbara, in the Pacific Ocean, at a point on ex- tension line of the northern boundary of the rancho called Malaga, western corner; thence northeasterly, so as to include said rancho, to the northwest corner of the rancho called Trlumfo, running on northerly line of the same to the northeast corner thereof; thence to the summit of the ridge of hills called Santa Susanna; thence in a direct line northwesterly, to the southwest corner ol Kern, as established in section 3941, forming the north- west corner of Los Angeles; thence east, on southern line of Kern, to the western line of San Bernardino, as estab- lished in section 3943; thence southerly, on western line of San Bernardino to its point of intersection with northern line of San Diego, as established in said section; thence southwesterly, on San Diego line, as established in sec- tion 3944, to northwest corner of San Diego, in Pacific Ocean-; thence northwesterly, along ocean shore to place of beginning; including the islands of Santa Catalina, San Clemente, and the islands off the coast included in Los Angeles County. County seat — Los Angeles. En. March 12, 1872. SANTA BARBARA. § 3946. Santa Barbara. Beginning at the western cor- ner of Los Angeles, as established in section 3945; thence northerly, on westerly line of Los Angeles, as described in said section, to the northwest corner thereof, on the sum- mit of the Coast Range, being also the southwest corner of Kern, as established in section 3941; thence northwest- erly, on the summit line, being also on western boundary of Kern, to a point of intersection with the southern line of township ten north, San Bernardino base; thence west, on said township line, to the Santa Maria River; thence down said river, and down the creek which divides that part of Guadalupe Rancho known as La Larga from that known as Oso Flacco, to a point in the Pacific Ocean oppo- site the mouth of said creek, forming northwest corner; thence southeasterly, by the ocean shore, to the place of beginning; including the islands of Santa Barbara, San Nicholas, San Miguel, Santa Rosa, and Santa Cruz. County seat — Santa Barbara. En. March 12, 1872. §§ 3947, 3948 COUNTY BOUNDARIES AND SEATS. 934 Creation of "Ventura County out of the eastern part of Santa Barbara County: Stats. 1872, p. 484. Am'd. 1873-4, 365. SAN LUIS OBISPO. § 3947. San Luis Obispo. Beginning in Pacific Ocean, at northwestern corner of Santa Barbara, as established in section 3946; thence easterly, on the northern line of Santa Barbara, up to the Santa Maria River, to intersection of southern line of township ten north, San Bernardino base; thence east on said line to point on summit of Coast Range, forming the southeast corner, also north- east corner of Santa Barbara; thence northwesterly on summit line, being western line of Kern, to its intersec- tion with sixth standard south, Mount Diablo base, be- ing the common corner of Tulare, Kern, Monterey, and San Luis Obispo; thence west on said standard line and extension thereof to the Pacific Ocean; thence southerly along the shore to the place of beginning. County seat — San Luis Obispo. En. March 12, 1872. See the act fixing the boundary between San Luis Obispo and Kern counties, approved March 14, 1885; Stats. 1885, p. 139. / |y^ . MONTEREY. §3948, Monterey. Beginning in Pacific Ocean, at south- west corner of Santa Cruz, as established in section 3949; thence west to the mouth of Pajaro River, on the bay of Monterey; thence up said stream to its source, the small lake San Felipe; thence along the northern and western banks of said lake to the creek San Felipe; thence east to the summit line of the Coast Range, forming northeast- ern corner; thence southeasterly along the summit of the Coast Range to the sixth standard south. Mount Diablo base, being the common corner of San Luis Obispo, Kern, Tulare, and Monterey; thence following the northern boundary of San Luis Obispo County, on said standard line and extension thereof, to the Pacific Ocean; thence along the shore northerly to the place of beginning. County seat — Monterey. En. March 12, 1872. Creation of San Benito County out of the eastern part of Monterey county: Stats. 1874, p. 95. Supplementary act: Stats. 1874, p. 428. Latter act supplemented by btats. 1876, p. 177. Original act amended 1887, 103. See Gen- eral Laws, title County Boundaries. 935 COUNTY BOUNDARIES AND SEATS. §8 3949, 3!>a0 SANTA CRUZ. § 3949. Santa Cruz. Beginning at the south corner of San Mateo County, at a point in the Pacific Ocean south forty-five degrees west, three miles from the intersection of the east line of Rancho Punta del Ano Nueva with said ocean, forming western corner; thence north, forty-five degrees east, to said point of intersection; thence north- erly, following the eastern line of said rancho, to its . intersection with the south line of township eight south, range four west. Mount Diablo base and meridian; thence east to the southeast corner of said township; thence north to the northeast corner of section twenty-five of said town- ship; thence east to the northeast corner of section twenty- six, township eight south, range three west; thence north to the summit of Santa Cruz Mountains, being western line of Santa Clara County; thence southeasterly along the summit of said mountains on the western line of Santa Clara, to the Pajaro River, forming southeast corner, on northern line of Monterey; thence westerly along said river, on northern line of Monterey, to the bay of Monterey, and three miles westerly into the ocean, forming southwest corner; thence northwesterly along the shore to the point of beginning. County seat — Santa Cruz. En. March 12, 1872. SAN FRANCISCO (CITY AND COUNTY). § 3950. San Francisco. Beginning at the southwest cor- ner, being northwest corner of San Mateo, in Pacific Ocean, on the extension of northern line of township three south, of Mount Diablo base; thence northerly along the Pacific Coast, to its point of intersection with westerly extension of low water line on northern side of the entrance to San Francisco Bay, being southwest corner of Marin and north- west corner of San Francisco; thence easterly, through Point Bonita and Point Caballo, to the most southeastern point of Angel Island, all on the line of Marin, as estab- lished in section 3957; thence northerly, along the easterly line of Marin, to the northwest point of Golden Rock (also known as Red Rock), being a common corner of Marin, Contra Costa, and San Francisco; thence due southeast four and a half miles, more or less, to a point distant three statute miles from the natural high water mark on the eastern shore of San Francisco Bay, being a common ' corner of Contra Costa, Alameda, and San Francisco; § 3951 COUNTY BOUNDARIES AND SEATS. »3e thence southeasterly, in a direct line, to a point three miles from said eastern shore, and on the line first named (considered as extending across said bay) ; and thence west along said first named line to the place of beginning. The islands known as the Farallones shall be attached to and be a part of said city and county. En. March 12, 1872. Cal. Rep. Cit. 114, 325. SAN MATEO. § 3951. San Mateo. Beginning at the southwest cor- ner, being the west corner of Santa Cruz County as estab- lished in section thirty-nine hundred and forty-nine; thence on the northwestern line of Santa Cruz County as established in said section, to the southwestern line of Santa Clara County, being the summit line of the Santa Cruz Mountains; thence northwesterly by said summit line to the source of San Francisquito Creek; thence down the south branch thereof, and down said creek to its mouth; thence to a point in the middle of San Francisco Bay, opposite said mouth, forming a common corner of San Mateo, Santa Clara, and Alameda counties; theuce in a direct line to a point in the center of ship channel in the bay of San Francisco west of and opposite to Dunibar- ton Point; thence in a direct line to the southeast corner of San Francisco City and County; thence westerly on the boundary line between the counties of San Mateo and San Francisco (said line being the north boundary of San Mateo County, between ~San Mateo County ai'd Pan Francisco County and the south boundary of San Fran- cisco County between the counties of San Mateo and San Francisco) as the same was surveyed, established and marked by Charles S. Tilton, city and county surveyor of the city and county of San Francisco, William B. Gilbert, county surveyor of the county of San Mateo, and D. Brom- fleld, assistant civil engineer, of the county of San Mateo, between August twenty-eighth and December twenty- eighth, eighteen hundred and ninety-eight, and being the north boundary line of the county of San Mateo, and the south boundary line of the county of San Francisco, and marked by granite monuments eight inch by eight inch square set three feet in the ground in a bed of concrete three feet square and three feet in the ground, on section and quarter section corners, on township line between town- ships two and three south, ranges five and six west, M. 637 COUNTY liOUNDARIES AND SEATS. § 3952 D. M., and the line being marked on each monument by a copper nail in a plug of lead which has been counter- sunk into the top of the monument, and on the dressed faces the letters "S. F." being cut into the stone on the San Francisco side of the line, and the letters "S. M." being cut into the stone in the San Mateo side of the lino, and the bearing of the said line being determined by stellar observation as north eighty-nine degrees forty-nine and one-half minutes east, to the southwest corner of the said boundary line of San Francisco City and County in the Pacific Ocean, and thence southerly along the ocean shore to the point of beginning. The eastern boundary of San Mateo County shall be the western boundary of Alameda County, in so far as the same borders on San xMateo County. En. March 12, 1872. Am'd. 1877-8, 71; 1901, 291. SANTA CLARA. § 3952. Santa Clara. Beginning at a point opposite the mouth of San Francisquito Creek, being the common corner of Alameda, San Mateo, and Santa Clara, as estab- lished in section 3951; thence easterly, to a point at the head of a slough, which is an arm of the bay of San Fran- cisco, at its head, making into the main land in front of the Gegara Ranches; thence easterly, to a lone sycamore tree that stands in a ravine between the dwellings ^f Fluhencia and Valentine Gegara; thence easterly, up said ravine, to the top of the mountains, and as surveyed by Horace A. Higley, and shown on survey and map of Ala- meda County, eighteen hundred and fifty-seven; thence on a direct line easterly, to the common corner of San Joa- quin, Stanislaus, Alameda, and Santa Clara, on the summit of the Coast Range, as established in section 3932; thence southeasterly, following the summit of the Coast Range, to the northeast corner of Monterey County, as established in section 3948; thence westerly, following the northern boundary of Monterey County to the southeast corner of Santa Cruz County, as established in section 3949; thence northwesterly, following the summit of the Santa Cruz Mountains, to the head of San Francisco Creek; thence down said creek, to its mouth; thence in a direct line lo the place of beginning. County seat — San Jose. En. March 12, 1872. § 3953 COUNTY BOUNDARIES AND SEATS. 938 ALAMEDA. § 3953. Alameda. Beginnint, at the southwest corner, being the common corner of San Mateo, Santa Clara, and Alameda, as established in section three thousand nine hundred and fifty-one; thence easterly, on northerly line of Santa Clara, as established in section three thou- sand nine hundred and fifty-two, to common corner of San .loaquin, Stanislaus. Santa Clara, and Alameda, as established in section three thousand nine hund.ed and thirty-two; thence northwesterly, on the west line of San Joaquin County, to the slough known as the Pesca- dora (being the west channel or "Old San Joaquin River"), thence v.esterly, in a straight line, until it strikes the dividing ridge in the direction of the house of Joze Har- ban, in Amador Valley; thence westerly along said ridge, crossing the gulch one half mile below Prince's Mill; thence to and running upon the dividing ridge between the Redwoods known as the San Antonio and Prince's Woods; thence along said ridge to the head of the gulcli or creek (Cerreto Creek) that divides the ranches of the Peraltas from the San Pablo Ranches; thence down said gulch to its mouth; thence southwesterly to the common corner of San Francisco, Contra Costa, and Alameda, as established by section three thousand nine hundred and fifty; thence southerly, to a point in the bay of San Fran- cisco that would intersect a line parallel with the north line of the Central Pacific Railroad Company's' wharf (as it now is), if extended westei'ly five hundred feet towards Yerba Buena Island; thence southeasterly, in a line par- allel with the east line of the city and county of San Francisco (which is the line now dividing said city and county from the county of Alameda), to its intersection with the south line of said city and county, as established in section three thousand nine hundred and fifty; thence easterly along said last mentioned line to the northeast corner, of San Mateo; and thence southeasterly along the eastern line of San Mateo to the place of beginning. Hor- ace A. Higley's survey map of Alameda County, ei'ghteen hundred and fifty-seven, is declared to contain a more par- ticular description of the line out of the bay of San Fran- cisco. County seat — City of Oakland; provided, that nothing in this act contained shall be construed to place "Yerba Buena Island," or any part thereof, outside the limits !);;9 COUNTY BOUND.VRIES AND SEATS. §§ 3954, 3955 of the city and county of San Francisco, but the same shall be deemed to be within said city and county, and the westerly bo;mdary line of the county of Alameda shall not come within two thousand and five hundred feet of any part of said island. En. March 12, 1872. Am'd. 1873-4, 1G8. CONTRA COSTA. § 3954. Contra Costa. Beginning in bay of San Fran- cisco, at the northwest point of Red Rock, being the common corner of Marin, Contra Costa, and San PYancisco, as established in section 3950; thence up the straits and bay of San Pablo, on eastern boundary of Marin, to point of intersection with line bearing south twenty-six and one-half degrees east, and about six and one-quarter miles distant from southwest corner of Napa County, as established in section 3958, forming common corner of Marin, Solano, Sonoma, and Contra Costa, as established in section 3955; thence to the straits of Carquinez; thence up said straits and Suisun Bay, to the mouth of the San Joaquin River; thence up said river, to the confluence of the west and main channels thereof, as laid down on Gibbe's map; thence up the said west channel, to a point about ten miles below Moore and Rhodes' Ranch, at a bend where the said west channel, running downward, takes a general course north, the point being on the westerly line of San Joaquin County, and forming the northeast corner of Alameda and southeast corner of Contra Costa; thence on the northern line of Alameda, as laid down on Horace A. Higley's map, and as established in section 3953, to the easterly line of San Francisco City and County, as estab- lished in section 3950; thence due northwest, along said easterly line of San Francisco, four and one-half miles, more or less, to the place of beginning. County seat — Martinez. En. March 12, 1872. SONOMA. § 3955. Sonoma. Beginning at northwest corner, at a point in the Pacific Ocean west of the mouth of Walhalla River; thence east to the mouth of said river, and up the main channel two miles; thence easterly, in a direct line, to the most northern and highest peak or summit of the Redwood Mountains, immediately north of Cloverdale and Oat Valley; thence east to the western boundary of Lake County, on the summit of the Mayacmas Ridge, forming northeast corner; thence southerly along the § 3956 COUNTY BOUNDARIES AND SEATS. a40 Mayacmas Mountains, and on the western lines of Lake and Napa counties, to the westerly branch of headwaters of Huichica Creek; thence westerly, on the line of Napa County, to the top of the main ridge that divides the Hui- chica Valley from the Sonoma Valley; thence southerly along the said dividing ridg<" to the tule bordering on San Pablo Bay; thence southerly, to the center of Huichica Creek; thence down said creek to its mouth, which is the southwest corner of Napa; thence on the line of Solano south, twenty-six and one-half degrees east, about six and one-quarter miles distant from the mouth of Huichica Creek, to the point of intersection with the westerly line of Contra Costa County, forming common corner of Marin, Solano. Contra Costa, and Sonoma, as described in section 3954; thence following the northern boundary of Marin westerly to the mouth of Fetaluma Creek; thence up said creek to the mouth of San Antonio Creek, thence up said San Antonio Creek to its head; thence in a dircet line to the head of the Estero Americano, on the line surveyed and established by William Mock, under the direction of the surveyor-general, in the year eighteen hundred and fifty-six; thence down said Estero Americano to its mouth; thence due west three miles to a point in the Pacific Ocean; thence northwesterly, by ocean shore, to the point of be- ginning. County seat— Santa Rosa. En. March 12, 1872. SOLANO. § 3956. Solano. Beginning at southwest corner, in San Pablo Bay, at common corner of Contra Costa. Sonoma, Marin, and Solano, as established in section 3954; thence north, twenty-six and one-half degrees west, about six and one-quarter miles on che western line of Sonoma, as estab- lished in section 3955 to the southwest corner of Napa, at the mouth of Huichica Creek, thence east, on southern line of Napa, to the southeast corner thereof, as estab- lished in section 3958; thence north on line of Napa, a established in said section, to the first standard north; thence east, along said standard, on said Napa line, to the summit of Vaca Mountains; thence northerly, on said summit and Napa line, to Devil's Gate, on Putah Creek, which point forms the northwest corner of Solano and southwest sorner of Yolo; thence easterly, on line of Yolo, down said creek and old bed thereof; to its intersection with western line of range three east, Mount Diablo 941 COUNTY BOUNDARIES AND SEATS. § 3957 meridian, forming the northeast corner of Solano, with exterior angle in Yolo; thence south, along line of Yolo, on said range line, two and seven-tenths miles, to the north line of township seven north, Mount Liablo base; thence east, nine and seventy-two one-hundredths chains, to northeast corner of said township; thnce south, to the first standard north. Mount Diablo base; thnce east, on said standard line, to the center of Sutter Slough; thence down said slough to Merrit Slough, down Merrit Slough to the Sacramento River, down the Sacramento River, about thirteen miles to Suisun Bay; thence down the bay, along the center of the main shin channel, in a westerly course, about eighteen miles, to the straits of Carquinez; thence down the middle of said straits, and down San Pablo Bay, to the place of beginning. All these courses and lines being as shown by map and notes of William Wayne Pitch and E. H. Marshall, surveyor and deputy surveyor of Solano County. County seat— Fairfield. En. March 12, 1872. Solano County seat located at Fairfield: Stats. 1874, p. 783. MARIN. § 3957. Marin. Beginning in the Pacific Ocean, at southwest corner of Sonoma; thence southeasterly along southern line of Sonoma, as established in section 3955, to the mouth of Petaluma Creek; thence to common corner of Marin, Sonoma, Contra Costa, and Solano, in San Pablo Bay, as established in section 3955; thence south- erly along the western boundary of Contra Costa, in the bay of San Pablo, to the middle of the straits of San Pat)]o; thence southerly in a direct line, to Invincible Rock, in the bay of San Francisco, near the entrance of the straits of San Pablo; thence in a direct line, to north- western point of Red Rock; thence southerly to the extreme southeasterly point of Angel Island; thence south- westerly to the extreme end of Point Caballo at low-water mark; thence on the line of low-water mark along the northern shore of the bay of Point Bonita, and three miles into the Pacific Ocean, to the northwestern corner of San Francisco, as established in section 3950; thence north- westerly by ocean shore to the place of beginning. County seat — San Rafael. En. March 12, 1872. § 395S COUNTY BOUNDARIES AND SEATS. »42 NAPA. § 3958. Napa. Beginning at southwestern corner, at a point in Huichica Creek where the said creek empties into San Pablo Bay; thence east to the mountains divid- ing Napa Valley from Suisun Valley, forming southeastern corner; thence northerly along with summit line of said mountains to its intersection with the first standard north, Mount Diablo base, marked by a rock monument erected by Ralph Norris; thence east along said standard line seven and three fourths miles to Vaca Mountains, which divide the Vaca and Suisun valleys; thence north- erly along the main ridge of said Vaca Mountains to Putah Creek, at a point called the Devil's Gate; thence northerly across said creek to and along the mountains dividing Berryessa Valley from Sacramento valley to the southeast corner of Lake County on the western line of Yolo; thence westerly along the southern line of Lake, as established in section 3917, to its inter- section, with the eastern line of Sonoma; thence south- easterly on said line of Sonoma to the western branch of the headwaters of the Huichica Creek; thence westerly to the main ridge that divides the Huichica Valley from the Sonoma Valley; thence southerly along the said divid- ing ridge to the tule bordering on San Pablo Bay; thence southerly to the center of the Huichica Creek; thence down said creek to its mouth, the place of beginning. County seat — Napa City. En. March 12, 1872. Northern boundary line of Napa County adjoining Lake and Yolo counties, act to define: Stats. 1872, p. 305. 943 PROVISIONS RELATING TO COUNTIES. §§ 3969-3a7i CHAPTER II. GENERAL PROVISIONS RELATING TO COUNTIES. § 3969. Surveys to definitely establish unsettled boundaries. § ;!97'). Reports to surveyor-general on disagreement of supervisors. 5 .SiiVl. Survevor-ger.eral to ■determine boundary, or to order new sur- veys. § 397-'. Approved surveys to be conclusive. S 3973. Previous surveys validated. Their force as evidence. § :5974. Apportiomnent of cost of survey. Payment. S 3975. Ciillection of old taxes wlien county Is divided, or boundary altered. ^ 3976. Petition for change ot county seat. g 3977. Supervisors to order election S 397S. Notice of election, etc. (Repealed.) 8 3979. Election, notice of; how held and conducted. § 3980. Voter to vote for place he prefers. § 39S1. Notice of result. § 39S2. Place chosen, to be county seat. § 3983. Statement of resuli deposited and notice transmitted. § 3984. No second election to be held within four years. § 3985. Subsequent lemoval of county seat. § 3969. Surveys to definitely establish unsettled bound- aries. All common boundaries and common corners of counties not adequately marked by natural objects or lines, or by surveys lawfully made, must be definitely estab- lished by sui-veys jointly made by the survej'ors of all the cou'ni.ies affected thereby, and approved by the boards of surpervisors of such counties, or by a survey made by the siirveyor-general, on application of the board of su- pervisors of any county affected thereby. En. March 12, 1872. Cal. Rep. Cit. 110, 250. § 3970. Reports to surveyor-general on disagreement of supervisors. If the first mode is adopted, and the board of supervisors do not agree upon and finally approve the survey, each surveyor must make a report to the surveyor- general with surveys, maps, notes, and explanations touching disputed points. En. March 12, 1872. § 3971. Surveyor-general to determine boundary, or to order new surveys. Upon such reports the surveyor-gen- eral mus!; finally determine and establish the common boundaries and corners, if he can collate a satisfactory de- scription therefrom. If the reports are insufficient for such purpose, he must cause surveys to be made, and when approved by him the surveys establish such common boundaries and corners. En. March 12, 1872. §§ 3972-3977 PROVISIONS RELATING TO COUNTIES. SK4 § 3972. Approved surveys to be conclusive. All sur- veys finally approved under the provisions of this chapter are conclusive ascertainments of lines and corners included therein. En. March 12, 1872. Cal. Rep. Cit. 56, 649. § 3973. Previous surveys validated. Their force as evi- dence. All surveys and maps of boundary lines heretofore legally made and approved, are declared valid, and they are prima facie evidence of the establishment of such lines, except so far as they are inconsistent with the pro- visions of this code. En. March 12, 1872. Am'd. 1873-4, 54. Prima facie evidence defined: Code Civ. Proc, sec. 1833. § 3974. Apportionment of cost of survey. Payment. The cost of making such surveys must be apportioned equally among the counties interested, and the board of supervisors must audit the same, and the amounts must be paid out of the general county fund En. March 12, 1872. § 3975. Collection of old taxes when county is divided, or boundary altered. When a county is divided or the boundary is altered, all taxes levied before the division was made or boundary changed must be collected by the officers of and belong to the county in which the territory was situated before the division or change. En. March 12, 1872. Formation of new county: Const. Cal., art. XI, sec. 3. County divided and new county created: See Const. Cal., art. XI, sec. 3. § 3976. Petition for change of county seat. Whenever the inhabitants of any county of this slate desire to remove the county seat of the county from the place where it is fixed by law or otherwise, they may present a petition to the board of supervisors of their county, praying such removal, and that an election be held to determine to what place such removal must be made. En. March iz, 1872. Cal. Rep. Cit. 48, 158; 49, 565; 51, 339. Removal of county seat, number of elections that may be held for, only once in' four years, by Const. Cal., art. XI, sec. 2: See post, sec. 3984. § 3977. Supervisors to order election. If (he petition is signed by qualified electors of the county, equal in 945 PROVISIONS RELATING TO COUNTIES. §§ 3978-3a8:i number to at least three fifths of all the votes cast in the county at the last preceding general election, the board must at the next general election of county officers, sub- mit the question of removal to the electors of the county. En. March 12, 1872. Am'd. 1873-4, 54; 1873-4, 170; 1880, 2. General election, question of removal to be submitted at, under Const. Cal., art. XI, sec. 2. § 3978. Notice of election, etc, (Repealed.) En. March 12, 1872. Am'd. 1873-4, 55. Rep. 1880, 3. § 3979. Election, notice of; how held and conducted. Notice of such election, clearly stating the object, shall be given, and the election must be held and conducted and the returns made in all respects in the manner pre- scribed by law in regard to elections for county officers. En. March 12, 1872. Am'd. 1880, 2. § 3980. Voter to vote for place he prefers. In voting on the question, each elector must vote for the place in the county which he prefers as the seat of justice, plainly designating it in is ballot. En. March 12, 1872. § 3981. Notice of result. AVhen the retiirns have been received and compared, and the results ascertained by the board, if two thirds of all the legal votes cast by those voting on the proposition are in favor of any particular place, the board must give notice of the result by posting notices thereof in all the election precincts in the county. En. March 12, 1872. Am'd. 1873-4, 55; 1880, 2. Cal. Rep. Cit. 75, 179; 75, 180. Conforms to Const. Cal. 1879, art. XI, sec. 2. § 3982. Place chosen, to be county seat. In the notice provided for in section 3981, the place selected to be the county seat of the county must be so declared from a day specified in the notice not more than ninety days after the election. After the day named in the notice the place chosen is the county seat of the county. En. March 12, 1872. § 3983. Statement of result deposited and notice trans- mitted. Whenever any election has been held as provided for in the preceding sections of this chapter, the statement made by the board of supervisors, showing the result Pol. Code — 60 §§ 3984, 3985 PROVISIONS RELATING TO COUNTIES »*« thereof, must be deposited in the office of the county clerk, and whenever the board gives the notice prescribed by section 3982 they must transmit a certified copy thereof to the secretary of state. En. March 12, 1872. § 3984. No second election to be held within four years. When the election has been held and two .xirds of the votes are not cast for some other place than that fixed by law as the former county seat, no second election for the removal thereof must be held within four years there- after. En. March 12, 1872. Am'd. 1880, 3. Cal. Rep. Cit. 48, 158. Conforms to Const. Cal. 1879, art. XI, sec. 2. § 3985. Subsequent removal of county seat. When the county seat of a county has been once removed, by a popu- lar vote oJ the people of the county, it may be again re- moved from time to time in the manner provided by this chapter; but no election must be ordered to effect any such subsequent removal, unless a petition praying an election is signed by qualified electors of the county equal in number to at least three fourths of all the votes cast at the next preceding general election; nor unless at such election, when ordered, two thirds of ull the votes cast are in favor of some other place as the county seat of the county; and : uch election, when so ordered, shall take place at the first general election held thereafter, nor must two elections to effect such removal be held within four years. En. March 12, 1872. Am'd. 1873-4, 55; 1873- 4, 171; 1875-6, 64. Cal. Rep. Cit. 48, 159. 947 COUNTIES AS BODIES CORPORATE. §§ 4000, 4W1 TITLE II. THE GOVERNMENT OF COUNTIES. Chapter I. Counties as Bodies Corporate, §§ 4000-4007. II. The Board of Supervisors, §§ 4022-4087. III. County Officers, §§ 4101-4316. IV. Salaries and Fees of Office, §§ 4328-4334. V. Other County Charges, §§ 4343-4347. CHAPTER I. COUNTIES AS BODIES CORPORATE. § 4000. Every county a body corporate. § 4001. Powers, how exercised. § 4002. Name and designntion. § 4003. Enumeration nt pr.wers. § 4004. Restriction on loaning cre.lit. § 40r;5. Restiictinn on tenporary loans. § 40O6. Classification of counties. § 4007. Same, governed b;- new census. § 4000. Every county a body corporate. Every county is a body politic and corporate, and as such has the powers specified in this code, or in special statutes, and such powers as are necessarily implied from those expressed. En. March 12, 1872. Am'd. 1880, 93. Cal. Rep. Cit. 56, 3; 67, 252. The act amending this section and sections 4003, 4004 4006, 4022, 4023. 4024, 4025, 4026, 4028, 4029, 4046, 4087.' 4103. 4104, 4109, 4115, 4116, 4119, 4165, 4192, 4204, 4221, 4256, 4314, 4328, 4329, 4344, repealing sections 4005, 4006, 4027, 4080, 4110, 4111, 4304, and adding sections 4292 and 4348 to the Political Code, approved April 27, 1880, was declared unconstitutional in Leonard v. January, 56 Cal. 1. Section in force inserted above. County governments; uniform system of; legislature di- rected to provide, by Const. Cal., art. XI, sec. 4. Powers: Post, sec. 4003. Restrictions on: Post, sees. 4004, 4005. By whom exercised: Post, sec. 4001. Municipal corporations defined: Post, sec. 4356. § 4001. Powers, how exercised. Its powers can only be exercised by the board of supervisors, or by agents, and officers acting under their authority, or authority of law; provided, however, that whenever' any board of §§ 4002, 4003 COUNTIES AS BODIES CORPORATE. »4'S supervisors shall, without authority of law, order any money paid as a salary, fees, or for other purposes, and such money shall have been actually paid, or whenever the county clerk or county auditor has drawn any war- rant or warrants in his own favor, or in favor of any other person, without being authorized thereto by the board of supervisors, or by the law, and the same shall have been paid, the district attorney of such county is hereby em- powered, and it is hereby made his duty to institute suit in the name of the county, against such person or persons, to recover the money so paid, and twenty per cent damage for the use thereof, and no order of the board of super- visors therefor shall be necessary in order to maintain such suit; and, provided further, that when the money has not been paid on such orders, it is hereby made the duty of the district attorney of such county to commence suit in the name of the county, for restraining the pay- ment of the same; and no order of the board of supervisors therefor shall be necessary in order to maintain such suit. En. March 12, 1872. Am'd. 1873-4, 171. Cal. Rep. Cit, 67, 252. Cqunty government act: See General Laws. § 4002. Name and designation. The name of a county designated in the law creating it is its corporate name, and it must be known and designated thereby in all ac- tions and proceedings touching its corporate rights, prop- erty, and duties. En. March 12, 1872. Names of counties, where given: Ante, sec. 3902. Actions: See post, sec. 4003, subd. 1. § 4003. Enumeration of powers. It has power: 1. To sue and be sued; 2. To purchase and hold lands within its limits; S. To make such contracts, and purchase and hold such personal property as may be necessary to the exercise of its powers. 4. To make such orders for the disposition or use of its property as the Interests of its inhabitants require; 5. To levy and collect such taxes for purposes under its exclusive jurisdiction as are authorized by this code or by special statutes. En. March 12, 1872. Am'd. 1880, 93. Cal. Rep. Cit. 56, 3; 67, 252; 137, 207. Subd. 3—56, 116. 949 COUNTIES AS BODIES COKPORATE. g§ 4004-4007 Amendment 1880 declared unconstitutional: See sec. 4000, note. Section in force inserted above. Acts in relation to counties: See General Laws, title Counties. § 4004. Restriction on loaning credit. No county must in any manner loan or give its credit to or in aid of any person unless it is expressly authorized by law so to do. En. March 12. 1872. Am'd. 1880. 93. Cal. Rep. Cit. 56, 3. Amendment 1880 declared unconstitutional: See sec. 4000, note. Section in force inserted above. § 4005. Restriction on temporary loans. No money must be borrowed on a temporary loan by any county ex- cept in anticipation of the taxes of the current fiscal year, and the same must always be made payable within eight months from the time of making the loan. En. March 12, 1872. Rep. 1880, 94. [See note below.] Repealing act of 1880 was declared unconstitutional: See sec. 4000, note. Section in force inserted above. § 4006. Classification of counties. For purposes other than for roads and highways the counties of this state are classified as follows: 1. Those containing twenty thousand inhabitants or over constitute the first class; 2. Those containing eight thousand and under twenty thousand inhabitants constitute the second class; and, 3. Those containing less than eight thousand inhabitants constitute the third class. En. March 12, 1872. Am'd. 1880, 94. Cal. Rep. Cit. 56, 3; 63, 177; 64, 89; 65, 112; 111, 367; 111, 368. Amendment and repealing act of 1880 declared uncon- stitutional: See note to sec. 4000. Section in force in- serted above. § 4007. Same, governed by new census. Whenever a new census is taken the counties, on the first day of July next thereafter, are, by operation of law, classified under such census. En. March 12. 1872. Cal. Rep. Cit. 64, 89; 64, 90; 65, 112. §§ 4022-4025 BOARD OF SUPERVISORS. J»60 CHAPTER II. THE BOARD OF SUPERVISORS. Article I. Organization and Terms of Board. §§ 4022-4035. II, General Permanent Powers, §§ 4045-4052. III. Other Powers and Restrictions, §§ 4064-4087. ARTICLE I. ORGANIZATIOM AND TERMS OF THE BOARD. § 4022. Number of memoers In various classes of counties. § 4023. Member must be" elector of district. § 4024. Term of office. (Repealed.) " § 402.5. Proceedings whei number of members increased or 'decrease,!. § 4026. Vacancy, how filled. § 4027. Membeis, how classiiied for election. (Repealed.) § 402S. Chairman, permanent and temporary. Administration of oaths. § 4029. Clerk, and his compensation. Signature to records. § 4030. Duties of clerk. § 4031. Books to be kept by the board. § 4032. Regular meetings fixed. Other meetings. § 4033. Additional legular meetings may be fixed. § 4034. Special meetings, how called. § 403.5. Meetings and reccrds public. § 4022. Number of members in various classes of coun- ties. Each county must have a board of supervisors, con- sisting: 1. In counties of the first class, of seven members; 2. In counties of the second class, of five members; 3. In counties of the third class of three members. En. March 12, 1872. Am'd. 1880. 95. Cal. Rep. Cit. 56, 3; 56, 105; 64, 89. Amendment of 1880 declared unconstitutional: See sec. 4000, note. Section in force inserted above. § 4023. IVlember must be elector of district. Each mem- ber of a board of supervisors must be an elector of the district he represents. En. March 12, 1872. Am'd. 1880, 95. Cal. Rep. Cit. 56, 3; 63, 178. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section in force inserted above. Elector, qualifications of: Ante, sec. 1083, and notes. § 4024. Term of office. (Repealed.) En. March 12, 1872. Am'd. 1880, 95. Rep. 1881, 73. Cal. Rep. Cit. 56. 3; 56, 105; 58. 565; 62, 563. § 4025. Proceedings when number of members increased or decreased. If, under the classification, the number of 951 BOARD OF SUPERVISORS. §§ 4026-4UA supervisors of any county is either increased or dimin- ished, the board of supervisors must redistrict the county into supervisor districts, as nearly equal in population as may be, to correspond with the number of supervisors to which it is, under the new classification, entitled. If the number is increased, at the first general election thereafter suervisors must be elected for such new districts in which no supervisors then acting reside; and if the number is decreased, no successors must be elected for supervisors whose terms expire until the number is decreased to that to which the county is entitled. En. March 12, 1872. Am'd. 1880, 96. Cal. Rep. Cit. 56, 3; 64, 89; 65, 112. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section in force inserted above. § 4026. Vacancy, how filled. Whenever a vacancy oc- curs in the board of supervisors, from a failure to elect or otherwise, the county judge must fill the vacancy by appointing for the unexpired term some qualified elector of the district in which the vacancy occurs. En. March 12, 1872. Am'd. 1880, 96. Cal. Rep. Clt. 56, 3. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section in force inserted above. § 4027. Members, how classified for election. . (Re- pealed.) En. March 12, 1872. Rep. 1880, 96; 1881, 73. Cal. Rep. Cit. 58, 565; 62, 563. § 4028. Cliairman, permanent and temporary. Adminis- tration of oaths. The chairman must preside at all meet- ings of the board, and in case of his absence or inability to act, the members present must, by an order, select one of their number to act as chairman temporarily. An> member of the board may administer oaths to any person concerning any matter submitted to them or connected with their powers or duties. En. March 12, 1872. Am'd. 1880, 96. Cal. Rep. Cit. 56, 3. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section in force inserted above. § 4029. Clerk, and his compensation. Signature to rec- ords. The clerk of the county is ex-officio clerk of the board of supervisors. The records must be signed by the 31 §§ 4030. 4031 BOARD OF SUPERVISORS. »62 chairman and the clerk. The clerk must be paid such compensation as is provided by law, in full for all services as clerk of the board. En. March 12, 1872. Am'd. 1880, 96. Cal. Rep. Cit. 52, 4; 56, 3. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section in force inserted above. § 4030. Duties of clerk. The clerk of the board must: 1. Record all the proceedings of the board: 2. Make full entries of all their resolutions and de- cisions on all questions concerning the raising of money for, and the allowance of accounts against the county; 3. Record the vote of each member on any question upon which there is a division, or at the request of any member present; 4. Sign all orders made and warrants issued by order of the board for the payment of money, and when he is not also the county auditor, certify the same to that officer; 5. Record the reports of the county treasurer of the receipts and disbursements of' the county; 6. Preserve and file all accounts acted upon by the board; 7. Preserve and file all petitions and applications for franchises, and record the action of the board thereon; 8. Record all orders levying taxes; and, 9. Perform all other duties required by law or any rule or order of the board. En. March 12, 1872. Cal. Rep. Cit. 52, 4. Signing records: See ante, sec. 4029. § 4031. Books to be kept by the board. The board must cause to be kept: 1. A "Minute Book" in which must be recorded all or- ders and tlecisions made by them, and the daily proceedings had at all regular and special meetings; 2. An "Allowance Book," in which must be recorded all orders for the allowance of money from the county treas- ury, to whom made, and on wha<^ account, dating, number- ing, and indexing the same through each year. 3. A "Road Book," containing all proceedings and ad- judications relating to the establishment, maintenance, 953 BOARD OF SUPERVISORS. §§ 4032-4034 change, and discontinuance of roads, road districts, and overseers thereof, their reports and accounts. 4. A "Franchise Book," containing all franchises granted by them, for what purpose, the length of time and to whom granted the amount of bond and license tax required; 5. A "Warrant Book," to be kept by the county auditor, in which must be entered, in the order of drawing, all warrants drawn on the treasury, with their number and reference to the order on the minute book, with the date, amount, on what account, and name of payee. En. March 12, 1872. Cal. Rep. Cit. 72, 9. § 4032. Regular meetings fixed. Other meetings. The regular meetings of the boards of supervisors must be held at their respective county seats on the first Mondays in May, August, November, and February of each year, an.l must continue from time to time until all the business before them is disposed of. Such other meetings must be held, to canvass election returns, equalize taxation, and ether purposes, as are prescribed in this code or provided for by the board. En. March 12, 1872. Cal. Rep. Cit. G4, 293; 65, 311. ' § 4033. Additional regular meetings may be fixed. In the counties of the first and second classes additional regular meetings, not exceeding two in each year, may be provided for, fixed, and held for the transaction of business by an order duly entered of record, in which must be specified the character of business to be transacted at such additional regular meetings, and none other than thac specified must be transacted. Notice of the order fixing such additional meetings must be published for four weeks, in a paper published in the county, before the ordinance is effective. En. March 12, 1872. § 4034. Special meetings, how called. If at any time after the adjournment of a regular meeting the business of the county requires a meeting of the board, a special meeting may be ordered by a majority of the board. The order must be entered of record, and five days' notice thereof must by the clerk be given to each member not joining in the order. The order must specify the business to be transacted, and none other than that specified must be transacted at such special meeting. En. March 12, 1872. §§ 4035, 4045 BOARD OF SUPERVISORS. 954 § 4035. Meetings and records public. All meetings of the board must be public and the books, records, and accounts must be kept at the cflSce of the clerk, open at all times for public inspection free of charge. En. March 12, 1872. ARTICLE II. GENERAL PERMANENT POWERS. § 4045. Power to Impose license tax. § 4046. Geneial permanent powers. § 4047. Power to direct attendance of sheriff — Contempt. § 4047. Contracts lor printing, stationery and supplies, how made. § 404S. Finding outstanling indebtedness of counties. Form of bond.s § 4049. Custody, disposal, and account of bonds. § 4050. Assessme.its for bon-d fund. § 4051. Redemption of bonds. § 4052. Proceedings on ff.l'ure to levy tax. § 4045. Power to impose license tax. The board of supervisors, in their respective counties, have jurisdiction and power, under such limitations and restrictions as are prescribed by law, and in addition to their other juris- diction and powers, to impose a license tax, at a rate to be fixed annually by them, upon the following-named per- sons, occupations, and business: 1. Auctioneers, bridges, ferries, wharves, chutes, pier.^, persons engaged in banking, loaning money at interest, or in buying or selling notes, bonds, or other evidences of indebtedness of private persons; or in buying or selling state, county, or city stocks, or other evidences of state, county, or city indebtedness, or stocks; or notes, bonds, or other evidences of indebtedness of incorporated com- panies; or in buying or selling gold dust, gold or silver bullion, or gold or silver coin; proprietors of billiard tables not kept exclusively for family use, theaters, exhibitions of a caravan or menagerie, or any collection of animals, circus, or other acrobatic performance; each show for pay of any figures, jugglers, necromancers, magicians, wire or rope dancers, or sleight-of-hand exhibition; all pawn- brokers, keepers of intelligence offices, persons who sell spirituous, malt, or fermented liquors, or wine in less quan- tities than one quart. 2. Every person who, at a fixed place of business, sells any goods, wares, or merchandise, wines or -distilled liquors, drugs or medicines, jewelry or wares of precious metals, whether on commission or otherwise (except agri- 955 BOARD OP SUPERVISORS. S *^^ cultural or vinicultural pioductlons, or the productions of any stock, dairy, or poultry farm of this state, when sold by the producer thereof, and except such as are sold by auctioneers at public sale under license) ; all persons who keep horses or carriages for hire (except such as are used in the transportation of goods) ; every traveling mer- chant, hawker, or peddler who vends goods, wares, or mer- chandise of any kind, other than the manufactures or productions of this state; every person who keeps a stallion, jack, or bull, and who permits the same to be used for the purpose of propagation for hire; a license for propagation, obtained from the tax collector under tne provision? of this act, shall entitle the holder thereof to the right to go into any county of this state for the pur- poses of propagation, without further license or expense. The provisions of this section do not apply to exhibitions or entertainments given for the benefit of churches, schools, or other charitable entertainments, by any ama- teur dramatic association or literary society of the town or district in which such exhibition or entertainment is given. The sale of liquors and wines by persons licensed under division two of this section must not be in less quantity than one quart measure. No license must be required by physicians, surgeons, apothecaries, or chemists for any wines or spirituous liquors they may use in the preparation of medicines. 3. The board of supervisors of each county must, on the first Monday of October of each year, fix the rates of coimty licenses; provided, that after the passage of this act said board of supervisors of each county may, at any general or special meeting of said board, held as required by law, fix the rates of said licenses up to the first Monday of October, A. D. eighteen hundred and eighty-three, and said licenses shall be collected at said rates for the year eighteen hundred and eighty-turee until said rates are fixed on said first Monday of October, A. D. eighteen hun- dred and '■' ty-three. 4. The licenses herein provided for shall be collected as now provided for by the provisions of chapter fifteen, _ title seven, part three, of the Political Code of the state of California. En. Stats. 1883, 297. Cal. Rep. Cit. 66, 643; 66, 644; 70, 59; 71, S'il; 71, 248; 77, 542; 86, 256; 86, 257; 86, 258; 147, 165. Subd. 3— 70, od; 89, 229. § 4046 BOARD OF SUPERVISORS. 368 Licenses, ; nerally: See ante, sec. 3356. License in municipalities: See ante, sec. 335y. § 4046. General permanent powers. The boards of supervisors, in their respective counties, have jurisdiction and power under such limitations and restrictions as are prescribed by law: 1. To supervise the official conduct of all county officers, and officers of all districts and other subdivi' "-ns of the county charged with assessing, collecting, safe-keeping, management, or disbursement of the public revenues; see that they faithfully perform their duties; direct prosecu- tions for delinquencies; and when necessary, rer--'re them to renew their official bonds, to make reports, and to pre- sent their books and accounts for inspection. 2. To divide the counties into townships, schools, road, and other districts required by law; change the same, and create others as convenience requires. 3. To establish, abolish, and change election precincts, and to appoint inspectors and judges of election, canvass all election returns, declare the result, and i ^'-ue ' certifi- cates thereof. 4. To lay out, maintain, control, and manage public roads, turnpikes, ferries, and bridges within the county, and levy such tax therefor as authorized by law. 5. To provide for the care and maintenance of the in- digent sick, or the otherwise dependent poor of the county; erect, officer, and maintain hospitals therefor, or otherwise provided for the same; and to levy the neces- sary tax therefor, per capita, not exceeding three dollars, and an ad valorem tax not exceeding one fifth of one per cent, or either of such levies when both are not required, on all taxpayers and taxable property of the county. 6. To provide a farm in connection with tne county hospital, and make regulations for working the same. 7. When there are no necessary county buildings, to provide suitable rooms for county purposes. 8. To purchase, receive by donation, or lease any real or personal property necessary for the use of the county, preserve, take care of, manage, and control the same; but no purchase of real property must be made unless the value of the same has been previously estimated by three disinterested citizens of the county appointed by them for 957 BOARD OF SUPERVISORS. 5 4046 that purpose, and no more than the appraised value must be paid therefor. 9. To cause to be erected and furnished a courthouse, jail, hospital, and such other public buildings as may be- necessary. 10. To sell at public auction at the courthouse door, after thirty days' previous notice, given by publication in a newspaper of the county, or posted in five public places of the county, and convey to the highest bidder, for cash, any property, real or personal, belonging to the county, paying the proceeds into the county treasury for the use of the county. 11. To examine and audit the accounts of all officers having the care, management, collection, or disbursement of moneys belonging to the county, or appropriated by law or otherwise for its use and benefit. 12. To examine, settle, and allow all accounts legally chargeable against the county, except salaries of officers, and orde^" warrants to be drawn on the county treasurer therefor, and provide for the issuing of the same. 13. To levy such tax annually on the taxable property of the county, as may be necessary to defray the current expenses thereof, including salaries otherwise unprovided for, not exceeding one dollar on every one hundred dollars of value for any one year; and to levy such taxes as are required to be levied by special or local statutes. 14. To equalize the assessments. 15. To direct and control the prosecution and defense of all suits to which the county is a party. 16. To insure the county buildings in the name of and for the benefit of the county. 17. To grant licenses and franchises, as provided by law, for constructing, keeping, and taking tolls on roads, bridges, ferries, wharves, chutes, and piers. 18. To fix the compensation of all county officers not otherwise in this code or by general or special law fixed, and provided for the payment of the same. 19. To fill by appointment all vacancies that may occur in county or township ofrices, except those of county judge and supervisor. 20. To adapt to the county the provisions in this code for the preservation of the health of San Francisco or § 4046 BOARD OF SUPERVISORS. 958 Sacramento, for such limited time as they may deem proper, and to provide for the expenses thereof. 21. To contract for the county printing, and provide books and stationery for county officers. 22. At the adjournment of each session of the board to cause to be published in a newspaper, or otherwise, a fair statement of all their proceedings, and semi-annually a statement of the financial condition of the county. 23. To make regulations for the destruction of gophers, squirrels, other wild animals, and noxious weeds, and to levy a special tax of not exceeding three cents on each one hundred dollars of taxable property, wherewith to pay rewards therefor. To make regulations for the protection of game, fish, and shellfish, and for the prevention of in- juries to sheep by dogs, and to tax dogs, and direct the application of the tax. When such regulations are made as provided in this section relating to game and fish, the laws of the state for the protection thereof are suspended in such county. 24. To make and enforce such rules and regulations for the government of their body, the preservation of order, and the transaction of business, as may be necessary. 25. To adopt a seal for their board, a description and impression whereof must be filed by their clerk in the offices of the county clerk and secretary of state. 26. To do and perform all other acts and things required by law not in this title enumerated, or which may be nec- essary to the full discharge of the duties of the chief executive autority of the county government. En. March 12, 1872. Am'd. 1880, 96. Cal. Rep. Cit. 47, 509; 47, 510; 47, 511; 48, 320; 52, 4; 53, 393; 56, 3; 56, 116; 63, 260; 64, 471; 65, 114; 67, 253; 79, 379; 94, 62G; 95, 85; 99, 38; 113, 165; 117. 616; 126, 623. Subd. 4—137, 206. Subd. 5—136, 654. Laud. 9—79, 380. Subd. 10—79, 379. Subd. 13—47, 513. Subd. 18—65, 115. Subd. 21—53, 393; 64, 470. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section in force inserted above. Subd. 3. Tne powers with respect to elections enumer- ated in -jubdivision 3, above: See post, sees. 4064, 4065. See post, sec. 4409, as to power of supervisors over streets. Subd. 12. Claims against county: See post, sees. 4071, 407G et seq. 959 BOARD OF SUPERVISORS. 9 4047 Subd. 14. Equalizing assessments: See ante, sees. 3672 et seq. Licenses and franchises to collect tolls and wharfage: See ante, sec. 2916 and sec. 2524. Printing and stationery: See post, sec. 4047, note. Contracts for lighting: See how entered into: See Gen- eral Laws, title Contracts. Fixing water rates: See General Laws, title Water Com- panies. § 4047. Power to direct attendance of sheriff — Contempt. The board of supervisors shall have power to direct the sheriff to attend in person, or by deputy, all the meetings of the board, to preserve order, serve the notices or cita- tions, as directed by the board. And the board shall have the same power to punish for contempt, by fine and im- prisonment, as is now exercised and allowed by law to superior courts to require obedience to their citations and decorum in their meetings. En. Stats. 1873-4, 172. Am'd. 1880. 23. Cal. Rep. Cit. 47, 509; 53, 394; 56, 115; 56, 116; 64; •±a; 67, 336; 113. 166. There is some confusion in reference to section 4047. The legislature of 1873-4, on March 18, 1874 (Amendment 1873-4, 172), added a new section of that number, and on March 30, 1874 (Amendments 1873-4, 56). added a second new section of the same number. The foregoing amend- ment of 1880 was expressly an amendment to the section as adopted on March 18, 1874. The legislature of 1877-8 amended section 4047, referring to it generally. That amendment is as follows: § 4047. Contracts for printing, stationery and supplies, how made. The supervisors must contract for: 1. All county printing; 2. All books and stationery; 3. All supplies for county institutions. And all contracts must be made with the lowest bidder, and after ten days' public notice, that such contract will be let. The bidding must be by sealed proposals. En. Stats. 1873-4. 56. Am'd. 1877-8. 69. Compare with sec. 3766. ante. Attendance of witnesses provisions concerning: Post, sees. 4067-4069. See note to prior section 4047. §§ 4048, 4049 BOARD OF SUPERVISORS. 1)60 § 4048. Funding outstanding indebtedness of counties. Form of bonds. The board of s ipervisors of any county having an outstanding indebtedness on the first day of January, eighteen hundred and eighty evidenced by bonds or warrants thereof by a vote of two-thirds of all the members thereof are empowered, if they deem it for the public interest to fund and refund the same and issue bonds of the county therefor in sums not less than one hundred dollars nor more than one thousand dollars each, having not more than twenty years to run, and bearing a rate of interest not exceeding seven per cent per annum, payable semi-annually, which bonds shall be substannally in the following form: No. . The county of , in the state of California, for value received, promises to pay or order, at the office of the treasurer of said county, in , on the first day of , 18 — , or at any time before that date, at the pleasure of the county, the sum of dollars, gold coin of the United States, with interest at the rate of per cent per annum, pay- able at the office of said treasurer, semi-annually, on the first days of and , in each year, on presenta- tion and surrender of the interest coupons hereto attached. This bond is issued by the board of supervisors, under the provisions of chapter of the Political Code of Cali- fornia, and in conformity with a resolution of said board, dated day of , 18 — . Seal. In testimony whereof, the said county, by its board of supervisors, has caused this bond to be signed by the chairman of the board, and attested by the auditor, with the county seal attached, this day of , 18 — . , chairman of board of supervisors. Attest: , auditor. And the interest coupon shall be in the following form: $ . The treasurer of County, California, will pay to the holder hereof, on the day of , 18 — , at his office in , dollars, gold coin, for interest on county bond No. . issued under provisions of chapter of the Political Code' of California. , county auditor. En. Stats. 1880, 62. Am'd. 1881, 22. Cal. Rep. Cit. 66, 26; 75, 457. Funding city indebtedness: See post, sec. 4445. § 4049. Custody, disposal, and account of bonds. When- ever bonds issued under this chapter shall be duly ex- ecuted, numbered consecutively and sealed, they shall be delivered to the county treasurer ' and his receipt taken therefor, and he shall stand charged on his official bond 9G1 BOARD OF SUPERVISORS. § WW with all bonds delivered to him, and the proceeds thereof, and he shall sell the same or exchange them under the direction of the board of supervisors on the best available terms for any legal indebtedness of the county outstanding on the first day of January, eighteen hundred and eighty, but in neither case for a less sum than the face value of the bonds and all interest accrued on them at the date of such sale or exchange. And if any portion of the said bonds are sold for money, the proceeds thereof shall be applied exclusively for the payment of liabilities existing against the county at and before the date above named. When they are exchanged for bonds or warrants, or other legal evidences of county indebtedness, the treasurer shall at once proceed to cancel the old bonds and such other evidences of indebtedness, by indorsing on the face 'thereof the amount for which they were received, the word "can- celed," and the date of cancellation. He shall also keep a record of bonds sold or exchanged by him by number, date of sale, amount, date of maturity, the name and post- office address of purchasers; and if exchanged what evi- dences of indebtedness were received therefor; which record shall be open at all times for inspection by the public. Whenever the holder of any bond shall sell or transfer it, the purchaser shall notify the treasurer of such purchase, giving at the same time the number of the bond transferred and his postoffice address; and every transfer shall be noted on the record. The treasurer shall also report, under oath, to the board at each regular session, a statement of all bonds sold or exchanged by him since the preceding report, and the date of such sale or exchange; and when exchanged, a list or description of the county indebtedness exchanged therefor, and the amount of accrued interest received by him on such sale or exchange, which latter sum shall be charged to him as money received by him on bond fund, and so entered by him on his books; but such bond shall not be sold or exchanged for any indebtedness of the county, except by the approval of the board of supervisors of said county. No sale shall be made of any such bonds, except to the highest bidder, after advertising bids for the purchase of the same for not less than three weeks in at least one newspaper published in the county; the right being re- served in such advertisement to reject any or all such bids. En. Stats. 1880, 62. § 4050. Assessments for bond fund. The board of super- visors shall cause to be assessed and levied each year Pol. Code — 61 §5 4051-4052 BOARD OF SUPERVISORS. 962 upon the taxable property of the county, in addition to the levy authorized for other purposes, a sufficient sum to pay the interest on outstanding bonds issued in conformity with the provisions of this chapter 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 interest; 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 shall at all times show the exact condition of said bond fund. En. Stats. 1880, 63. § 4051. Redemption of bonds. Whenever the amount in the hands of the treasurer belonging to the bond fund, after setting aside the sum required to pay the interest maturing before the next levy, is sufficient to redeem one or more bonds, he shall notify the owner of such bond or bonds, by advertising in any newspaper pub- lished in the county, not less than once a week for three successive weeks, and in some newspaper of gen- eral circulation published in the city of San Francisco, not less than once a week for three successive weeks, that he is prepared to pay the same, with all interest accrued thereon, and that if net presented for payment or redemption within forty days after the date of the publication of such notice, the interest on such bond shall cease, and the amount due thereon shall be set aside for its payment whenever presented. If said bonds are not so presented interest shall cease, and the amount due be set aside as specified in said advertisement. All redemp- tions shall be made in the exact order of their issuance, beginning at the lowest or first number, and the notice herein required shall be directed to the postoffice address of the owner, as shown by the record kept in the treas- urer's office. En. Stats. 1880, G4. § 4052. Proceedings on failure to levy tax. If the board of supervisors of any county which has issued bonds under the provisions of this chapter, shall fail to make the levy necessary to pay such bonds, or interest coupons, at ma- 963 BOARD OF SUPERVISORS. 5 4052 tnrity, and the same shall have been presented to the county treasurer, and the payment thereof refused, the owner may file the bond, together v/ith all unpaid coupons, with the state controller, taking his receipt therefor, and the same shall be registered in the state controller's office: and the state board of equalization shall, at their next session, and at each annual equalization thereafter, add to the state tax to be levied in said county a sufficient rate to realize the amount of principal or interest past due. and to become due, prior to next levy, and the same shall be levied and collected as a part of the state tax, and paid into the state treasury, and passed to the special credit of such county as bond tax, and shall be paid by warrants. as the payments mature, to the holder of such registered obligations, as shown by the register in the office of the state controller, until the same shall be fully satisfied and discharged; any balance then remaining being passed to the general account and credit of said county. En. Stats. 1880, 64. Cal. Rep. Cit. 75, 457. ARTICLE III. OTHER POWERS AND RESTRICTIONS. § 4064. Board to provide appliances for liolding elections, and allow expenses. § 4065. Certificates issued, as board of canvassers. § 406G. Appointments to vacancies must be made on petition. § 4067. Power to require attendance of witnesses. § 406S. Examination of witnesses. § 4CK)9. Ufficei s and witnesses not to be prepaid. § 4070. When board must not contract debts or allow further accounts. § 4071. Claims of officer.3. Opposition to claims against county. § 4072. Account, mode jf making out, and limit of time for presenta- tion. § 41173. Account must be filed one day prior to session. § 4074. What claims to be rejected. Proceedings on part allowance. § 4075. Dissatisfied claimant may sue, within limite'd time. Costs on recovery. § 4076. What warrants must specify; order of payment. I 4077. In what transaction supervisors not to be Interested. § 4078. Transfer of application, when majority of board not disin- terested. § 4079. Notices, how given. § 40SO. Board to provide for cultivating shade and ornamental trees. I 40S1. To require assessors to report statistics. § 4082. Claims in favor of supervisors. § 4083. Statement of county indebtedness, assets and rate of taxation. (Repealed.) § 40S4'. To receive and ajpiy donations of land, etc., for specific pur- poses. 5 4085. To improve streams not navigable. § 4086. Penalty and damages recoverable on official bond. 8 4087. Chapter does not apply to San Francisco. §§ 4064-4068 BOARD OF SUPERVISORS. >M § 4064. Board to provide appliances for liolding elec- tions, and allow expenses. The board must provide all poll lists, poll hooks, blank returns and certificates, procla- mations of elections, and other appropriate and necessary appliances for holding all elections in the county, and allow reasonable charges therefor, and for the transmis- sion and return of the same to the proper officers. En. March 12, 1872. § 4065. Certificates issued, as board of canvassers. Whenever, as canvassers, the board of supervisors have declared the result of an election held in the county, cer- tificates must be by their clerk issued to all persons elected to a county office or to a township or district office therein, and such other certificates must be made out and transrhitted as required by the title relative to "Elec- tions." En. March 12, 1872. § 4066. Appointnnents to vacancies must me made on petition. No appointment to fill a vacancy in office must be made by the board except upon petition, signed by at least thirty qualified electors of the county, if for a county office, or by not less than fifteen of the qualified electoi's of the township or district, if for a. township or district office. En. March 12, 1872. Cal. Rep. Clt. 55, 375; 63, 260. § 4067. Powers to require attendance of witnesses. The board may, by their chairman or the chairman of any com- mittee, issue subpoenas to compel the attendance of any person and the pro'duction of anj^ books or papers relating to the affairs of the county, for the purpose of examination upon any matter within their jurisdiction. En. March 12, 1872. § 4068. Examination of witnesses. A witness is bound lo attend, when served, and to answer all questions which he would be bound to answer in the same case before a court of justice. Disobedience to the subpoena, or to an order to attend, or to testify, may be enforced by the board, and for that purpose the board has all the powers con- ferred by, and the witness is subject to all the provisions of, chapter II, title III, part IV, of the Code of Civil Pro- cedure. En. March 12, 1872. Provisions of Code of Civil Procedure: Sees. 1985-1997. 985 BOARD OF SUPERVISORS. S5 4069-4072 § 4069. Officers and witnesses not to be prepaid. Neither the officers serving subpoenas nor the witnesses subpoenaed to testify in relation to matters of public con- cern before the board of supervisors are entitled to have their fees prepaid, but ofiicers must serve the subpoenas and witnesses must attend without their fees being prepaid. The board must allow them reasonable compensation for services and attendance. En. March 12, 1872. § 4070. When board must not contract debts or allow further accounts. The board must not for any purpose contract debts or liabilities, except in pursuance of law, or under ordinances of their own, adopted in accordance with the powers herein conferred; and whenever debts and liabilities have been created which, added to the sal- aries of county oflBcers and other estimated liabilities fixed by law for the remainder of the year, equal in the aggre- gate the revenue of the county for current expenses, no further allowance of any accounts must be made. En. March 12, 1872. Cal. Rep. Cit. 47, 512; 51, 37. Loaning credit or borrowing money, restrictions on pow- ers of county: Ante, sees. 4004-4005. § 4071. Claims of officers. Opposition to claims against county. No county oflScer shall, except for his own service, present any claim, account, or demand for allowance against the county, nor in any way advocate the relief asked on the claim or demand made by another. Any citizen and taxpayer of the county in which he resides may appear before the board and oppose the allowance of any claim or demand made against the county. En. March 12, 1872. Am'd. 1875-6, 65. § 4072. Account, mode of making out, and limit of time for presentation. The board of supervisors must not hear or consider any claim in favor of an individual against the county unless an account properly made out, giving all items of the claim, duly verified as to its correctness, and that the amount claimed is justly due, is presented to the board within a year after the last item of the account accrued. En. March 12, 1872. Cal. Rep. Cit. 47, 508; 52, 351; 60, 165; 66, 77. Claim presented by member of board: Post, sec. 4082. §§ 4073-4077 BOARD OF SUPERVISORS. »6ti § 4073. Account must be filed one day prior to session. No account must be necessarily passed upon by the board unless made out as prescribed in the preceding section and filed by the clerk at least one day prior to the session at which it is asked to be heard. En. March 12, 1872. § 4074. What claims to be rejected. Proceedings on part allowance. When the board finds that any claim pre- sented is not payable by the county, or is not a proper county charge, it must be rejected; if they find it to be a . proper county charge, but greater in amount than is justly due, the board may allow the claim in part, and draw a warrant for the portion allowed, on the claimant filing a receipt in full for his account. If the claimant is unwill- ing to receive such amount in full payment the claim may be again considered at the next regular succeeding session of the board, but not afterward. En. March 12, 1872. Cal. Rep. Cit. 67, 336. § 4075. Dissatisfied claimant may sue, within limited time. Costs on recovery. A claimant dissatisfied with the rejection of his claim or demand, or with the amount allowed him on his account, may sue the county therefor at any time within six months after the final action of the board, but not afterward; and if in such action judg- ment is recovered for more than the board allowed, on presentation of the judgment the board must allow and pay the same, together with the costs adjudged; but if no more is recovered than the board allowed, the board must pay the claimant no more than was originally al- lowed. En. March 12. 1872. Cal. Rep. Cit. 67, 336. § 4076. What warrants must specify; order of payment. Warrants drawn by order of the supervisors on the county treasury for the current expenses during each year, must specify the liability for which they are drawn, and when they accrued, and must be paid in the order of presentation to the treasurer. If the fund is insufficient to pay any warrant, it must be registered, and thereafter paid in the order of its registration. En. March 12, 1872. Cal. Rep. Cit. 47, 508. § 4077. In what transaction supervisors not to be in- terested. No member of the board must be interested, 967 BOARD OF SUPERVISORS. 55 4078-4080 directly or indirectly, in any property purchased for the use of the county, nor in any purchase or sale of property belonging to the county, no in any contract made by the board or other person on behalf of the county, for the erection of public buildings, the opening or improvement of roads, or the building of bridges, or for other purposes. En. March 12, 1872. Prohibitions applicable to certain officers: Ante, sees. 920-926. Not to be interested in any contract made by them in their official capacity: Ante, sec. 920. § 4078. Transfer of application, wlien majority of board not disinterested. Whenever an application is made to the board for an order, franchise, or license relating to any toll road, bridge, ferry, wharf, chute, pier, or other subject over which the board has jurisdiction, in which a majority of the board are not disinterested, the application, by order of the board, must be transferred to the board of supervisors of an adjoining county; the clerk of the board must thereupon certify the application and all orders and papers relating thereto to the board to which the transfer is ordered; and thereafter the board to which the same is certified has full jurisdiction to hear and determine the application. En. March 12, 1872. Am'd. 1880, 23. Toll road, bridge, ferry, etc. See ante, sees. 2779-2921. Power of board, generally, over toll franchises and licenses: Ante, sec. 4046, subd. 17. Interested supervisors not to act on toll matters: Ante, sec. 2852. § 4079. Notices, how given. All public notices of pro- ceedings of or to be had before the board, not otherwise specially provided for, must be posted at the courthouse door, and in each election precinct in the county. En. March 12, 1872. Am'd. 1873-4, 56. § 4080. Board to provide for cultivating shade and orna- mental trees. The board, under such regulations as th^y may adopt, may provide for the purchase, planting, culti- vation, care and preservation of not less than two hun- dred and fifty (250) shade and ornamental trees, each year, on the public roads and highways of the county, and the cost of such purchase, planting, cultivation, care, and pres- ervation shall be charged to the same fund which was used in the acquisition and construction of the road along which §§ 4081-4085 BOARD OF SUPERVISORS. 968 the trees are planted. En. March 12, 1872. Rep. 1880, 100. Am'd. 1905, 115. The repealing act of 1880 was declared unconstitutional: See sec. 4000, note. § 4081. To require assessors to report statistics. The board must require assessors to report to the surveyor- general annually a true statement of the agricultural and industrial pusuits and products of the county, with such other statistical information as they may by ordinance direct, and enforce obedience of the assessor thereto by deducting such proportion of his compensation as assessor as to them may seem appropriate, for a failure to comply with the order. En. March 12, 1872. § 4082. Claims in favor of supervisors. All claims against the county presented by members of the board of supervisors for per diem and mileage or other service rendered by them, must be verified as other claims, and must state that the service has been actually rendered. En. March 12, 1872. Verified as other claims: See ante, sec. 4072. § 4083. Statement of county indebtedness, assets and rate of taxation. (Repealed.) En. March 12, 1872. Am'd. 1877-8, 66. Rep. 1897, 436. § 4084. To receive and apply donations of land, etc., for specific purposes. The board must receive from the United States or other sources lands and other property granted or donated to the county for the purpose of aiding in the erection of county buildings, roads, bridges, or other specific purposes, and may use the same therefor, and may provide for the sale of the same and the application of the proceeds thereof. En. March 12, 1872. § 4085. To improve streams not navigable. The board may provide for widening, deepening, straightening, re- moving obstructions from, and otherwise improving all streams within the county for use as public highways for rafting and floating lumber, and also protecting the banks and adjacent lands from overflow of such streams, when the same are not declared hy law to bo, and in fact are not, navigable for commercial purposes, and provide regulations for the use, repair, and control thereof; but no regulations of the board, nor improvements directed, must in any manner interfere with the private rights or privileges of 969 BOARD OF SUPERVISORS. §§ 40S«, 4Ub;7 riparian owners, miners, or others. En. March 12, 1872. Am'd. 1893, 111. Floating lumber: Ante, sec. 2389. Navigable streams: Ante, sec. 2348. § 4086. Penalty and damages recoverable on official bond. Any supervisor who neglects or refuses to perform any duty imposed on him, without just cause therefor, or who willfully violates any law provided for his govern- ment as such officer, or fraudulently or corruptly performs any dutj^ imposed on him. or willfully, fraudulently, or corruptly attempts io perform an act as supervisor, un- authorized by law, in addition to the penalty provided in the Penal Code, forfeits to the county five hundred dollars for every such act, to be recovered in his official bond, and is further liable on his official bond to any person injured thereby for all damages sustained. En. March 12, 1872. Cal. Rep. Cit. 62, 181; 72, 519; 72, 522. § 4087. Chapter does not apply to San Francisco. This chapter does not apply to the city and county of San Francisco. En. March 12, 1872. Am'd. 1880, 100. Cal. Rep. Cit. 53, 705; 56, 3; 66, 77. Amendment of 1880 declared unconstitutional: See note to sec. 4000. Section, in force inserted above. CHAPTER III. COUNTY OFFICERS. Article I. General Provisions, §§ 4101-4124. II. County Judge, § 4134. III. County Treasurer, §§ 4144-4165. IV. Sheriff. §§ 4175-4193. V. County Clerk, §§ 4204, 4205. VI. County Auditor, §§ 4215-4224. VII. County Recorder, §§ 4234-4246. VIII. District Attorney. §§ 4256-4259. IX. County Surveyor, §§ 426S-4275. X. Coroner, §§ 42S5-4290. XI. Assessors, Tax Collectors, School Superintendent, Public Ad- ministrator, and Commissioner of Highways, §§ 4300-4304. XII. Constables, Justices of the Peace, and Inferior Officers, §§ 4314-4316. ARTICLE I. GENERAL PROVISIONS. § 41IU. Qualifications for county office. § 4102. Same for district and township offices. § 4103. County otiicers enumerated. § 4104. Township officers. § 4105. Offices united and consolidated. § 4106. Consolidation of offices by the board. §§ 4101-4103 COUNTY OFFICERS. iffO § 4107. Proceedings on oiTission to consolidate and advertise the con- solidation. § 410S. Oath. bonJ, and compensation of consolidated otBces. § 4109. County and other officers, when elected, and term of office. § 4110. County judges and justices of peace; election and term or office. § 4111. Supervisors, when elected. vRepealed.) § 4112. County and township officers may generally appoint deputies at discretion. § 4113. Mode of making appointments of assistants. § 4114. Official mention of principal officer includes deputies. § 41 1.5. Vacancies, how filled. § 4116. What offi.ces to be kept open at county seat. County judge and his chambers. § 4117. Civil penalty for misconduct in office attaches to official bond. § 4118. County officers maj- administer oaths. § 4119. Certain officers must reside at county seat. § 4120. Absence of county officers from state. § 4121. Certain officers prohibited from practicing law, etc. § 4122. Official bonds classified, and amounts thereof. § 4123. y^'hen amount of bond is not fixed by law. § 4124. Other provisions relating to county officers. § 4101. Qualifications for county office. No person -s eligible to a county office who at the time of his election is not of the age of twenty-one years, a citizen of the state, and an elector of the county in which the duties of the office are to be exercised. En. March 12, 1872. Cal. Rep. Cit. 142, 588. Majority and citizenship as qualifications for civil office: See ante, sec. 841. Elector defined: Sec. 59, ante. §. 4102. Same for district and township offices. No per- son is eligible to a district or township office who is not of the age of twenty-one y^ars, a citizen of the state, and an elector of the district or township in which the duties of the office are to be exercised or for which he is elected. En. March 12, 1872. Cal. Rep. Cit. 79, 473. § 4103. County officers enumerated. The officers of a county are: A county judge, a treasurer, a county clerk, an auditor, a sheriff, a tax collector, a district attorney, a recorder, an assessor, a surveyor, a school superintend- ent, a coroner, a public administrator, a board of super- visors, anu, in counties of the first class, for highway purpose.s, a commissioner of highways. En. March 12, 1872. Am'd. 1880, 100. 971 COUNTY OFFICERS. S8 4104-410? Amendment 1880 declared unconstitutional: See sec. 4000. note. Section in force inserted above. Cal. Rep. Cit. 56, 3; 56, 465; 67, 117; 112, 71; 127, 161; 128, 420; 146, 592. § 4104. Township officers. The officers of townships are: Two justices of the peace, two constables, and such other inferior and subordinate officers as are provided for elsewhere in this code, or by the board of supervisors. En. March 12, 1872. Am'd. 1880, 100. Cal. Rep. Cit. 56, 3. Amendment of 1880 declared unconsu^uiional: See sec. 4000, note. Section in force inserted above. § 4105. Officers united and consolidated. In all the counties of the third class; 1. The county clerk shall be ex-offlcio auditor and re- corder; 2. The sheriff shall be ex-officio tax collector; and, 3. The coroner shall be ex-officio public administrator. En. March 12, 1872. Cal. Rep. Cit. 56, 4; 69, 531. § 4106. Consolidation of offices by the board. By an ordinance adopted, recorded and published at least three months prior to a general election at which county officers are to be elected, the boards of supervisors of counties of the second class may unite and consolidate certain offices by declaring that: 1. The recorder elected shall be ex-officio auditor; 2. The county clerk elected shall be ex-officio auditor and recorder; 3. The sheriff elected shall be ex-officio tax collector; and, 4. The coroner elected shall be ex-officio public admin- istrator. En. March 12, 1872. Cal. Rep. Cit. 52, 311; 5G, 4; 64, 92; 65, 113. § 4107. Procedings on omission to consolidate and ad- vertise, the consolidation. When there is an omission by the board of supervisors to consolidate and to advertise the consolidation of offices as in the preceding section §§ 4108, 4109 COUNTY OFFICERS. »T3 authorized, each office not so consolidated must be filled by an election. En. March 12, 1872. Cal. itep. Cit. 52, 311; 52, 312; 64, 92. § 4108. Oath, bond, and compensation of consolidated offices. When offices are united and consolidated either by the code or by order of the supervisors, the person elected to fill the offices so united and consolidated must take the oath and give the bond required for each, dis- charge all the duties pertaining to each, and receive the compensation affixed to the offices. En. March 12, j.a72. Cal. Rep. Cit. 68, 514. § 4109. County and other officers, when elected, and term of office. All elective county, city and county, and township officers, except superior court judges, superin- tendents of schools, and assessors, shall be elected at the general election to be held in the year eighteen hv.n dred and eighty-two, and at the general election to held every second year thereafter, and shall take office on the first Monday after the first day of January next succeeding their election, and shall hold ottice for two years. The years that said officers are to hold office are to be computed respectively from and including the first Monday after the first day of January of any one year to and excluding the first Monday after the first day of January of the next succeeding year; provided, that all supervisors and justices of the peace shall take office on the first Monday after the first day of January next suc- ceeding their election, and shall hold office for two years. The years during which a supervisor and justice of the peace is to hold office are to be computed respectively from and including the first Monday of January of any one year to and excluding the first Monday of January next succeeding. Assessors of every county, and of every city and county, shall be elected at the general election t^ be held on the first Tuesday after the first Mon- day in November, eighteen hundred and eighty-two, and at the general election to be held every four years, there- after, and shall hold office for the term of four years from and after the first Monday after the first day of January next succeeding their election. En. March 12, 1872. Am'd. 1873-4, 173; 1880, 100; 1881, 73. Cal. Rep. Cit. 56, 3; 56, 105; 58, 565; 61, 324; 62, 563; 62, 567; 62, 569; 62, 571; 62, 572; 62, 573; 62, 574; 973 COUNTY OFFICERS. §5 4110-4115 67, 117; 114, 322; 114, 329; 114, 335; 116, 112; 116, 113; 126, 393. § 4110. County judges and justices of peace; election and term of office. The election and terms of ofRce of county judges and justices of the peace are provided for in title I of the Code of Civil Procedure. En. March 12, 1872. Rep. 1880, 101. [See note below.] Cal. Rep. Cit. 56, 4. Repealing act of 1880 was declared unconstitutional: See sec. 4000, note. Section in force inserted above. § 4111. Supervisors, when elected. (Repealed.) En. March 12, 1872. Rep. 1880, 101; 1881, 73. Cal. Rep. Cit. 56, 4; 56, 105; 58, 565; 62, 563. § 4112. County and township officers may generally ap- point deputies at discretion. Every county and township officer, except county judge, supervisor, and justice of the peace, may appoint as many deputies as may be necessary for the faithful and prompt discharge of the duties of his office. En. March 12, 1872. Cal. Rep. Cit. 64, 220; 77, 48; 102, 251; 107, 232. Deputies' powers, duties, etc.: Ante, sec. 865. Official bond may be required from, by party appointing: Sec. 985. Appointing: Ante, sec. 876. Aliens, pronibition of appointment of certain: Stats. 1880, p. 23. § 4113. Mode of making appointments of assistants. The appointment of deputies, clerks, and subordinate offi- cers of counties, districts, and townships must be made in writing, and filed in the office of the county clerk. En. March 12, 1872. § 4114. Official mention of principal officer includes deputies. Whenever the official name of any principal officer is used in any law conferring power, imposing duties or liabilities, it includes his deputies. En. March 12, 1872. Cal. Rep. Cit. 77, 47. § 4115. Vacancies, how filled. A vacancy in the office of county judge is filled by an appointee of the governor. All other vacancies in county and township offices are § 4116 COUNTY OFFICERS. W4 filled by appointments made by the board of supervisors. Appointees hold until the vacancies are filled by election. En. March 12, 1872. Am'd. 1880, 101. Cal. Rep. Cit. 56, 3; 60, 289; *67, 13. Amendment of 1880 declared unconstitutional: See sec. 4000, note. Section in force inserted above. Vacancies generally: Ante, sees. 996, 997, 1004. In board of supervisors: Ante, sec. 4026. § 4116. What offices to be kept open at county seat. County judge and his chambers. Sheriffs, clerks, record- ers, treasurers, and auditors must have their offices at the county seat, in the courthouse, hall of records, jail or other buildings, provided by the county through the board of supervisors, and keep them open for the transaction of business continuously from nine o'clock A. M. until five o'clock P. M. every day in the year except Sundays and holidays. And the words "transaction of business" as used herein shall be construed to mean that during the said hours named there shall be present in said office at least one person qualified and prepared to transact the business that may properly come into said office. The auditor shall not draw his warrant for the salary of any such officer for any month until the latter shall first have presented him with an affidavit setting forth that he has complied with the provisions of this section, and the mak- ing of a false affidavit by any of said officers shall subject the party making the same to prosecution for the crime of perjury and to be punished for the same. The affidavit required herein of the auditor shall be filed with the county clerk and be and remain a record of the office of said clerk; and the affidavits of the other officers required herein shall be filed with the county auditor and be and remain a record of his office, provided that if any of the officers named herein are absent from their office on official business they shall be excused from attendance at their said respective offices during the time they are so absent on such business, and provided further, that in all cases where any officer named herein has no regularly appointed deputy he shall be permitted to close his office during the hour from twelve o'clock noon to and until two o'clock P. M. Ihe judges of the superior court must have cham- bers at the county seat and must establish such rules and hours for official business as may be necesary for the dis- 975 COUNTY OFFICERS. SS 4U7-4121 patch thereof. En. March 12, 1872. Am'd. 1880, 101; 1905, 246. Cal. Rep. Cit. 56, 3. Amendment of 1880 declared unconstitutional: See sec. 4000, note. § 4117. Civil penalty for misconduct in office attaches to official bond. Whenever, except in criminal prosecu- tions, any special penalty, forfeiture, or liability is im- posed on any officer for non-performance or mal-perform- ance of official duty, the liability therefor attaches to the official bond of such officer, and to the principal and sure- ties thereon. En. March 12, 1872. Official bonds: Ante, sees. 947-987. § 4118. County officers may administer oaths. Every officer mentioned in section four thousand one hundred and three, and every justice of the peace, may administer and certify oaths. En. March 12. 1872. Cal. Rep. Cit. 56, 465; 128, 420. Administration of oaths and affirmations: Code Civ. Proc, sees. 2093-2097. § 4119. Certain officers must retide at county seat. The following officers must reside at the county seat of their respective counties: The county judge, the treasurer, the county clerk, the auditor, the sheriff, the tax collector, the district attorney, the recorder. En. March 12, 1872. Am'd. 1880, 101. Cal. Rep. Cit. 47, 130; 56, 3. Amendment of 1880 declared unconstitutional: See sec. 4000, note. Section in force inserted above. § 4120. Absence of county officers from state. A county officer shall, in no case, absent himself from the state for a period of more than sixty days, and for no period without the consent of the board of supervisors of his county. En. March 12, 1872. Am'd. 1873-4, 174; 1875-6, 65. Cal. Rep. Cit. 100, 539; 100, 540. Absence of judicial officer: Const. Cal., art. VI, sec. 9. § 4121. Certain officers prohibited from practicing law, etc. Sheriffs, clerks and constables and their deputies are prohibited from practicing law or acting as attorneys or § 4122 COUNTY OFFICERS. W« counselors at law, or having as a partner a lawj'er or any one who acts as such. En. March 12, 1872. § 4122. Official bonds classified, and amounts thereof. County officers must execute official bonds corresponding to the class of the county of which they are officers, in the following amounts: First — Sheriffs, first class, sixty thousand dollars; sec- ond class, twenty-five thousand dollars; third class, ten thousand dollars. Second — ^Clerks, first class, twenty-five thousand dollars; second class, fifteen thousand dollars; third class, six thousand dollars. Third^Auditors, first class, twenty thousand dollars; second class, ten thousand dollars; third class, two thou- ■• sand dollars. Fourth — Treasurers, first class, one hundred thousand dollars; second class, eighty thousand dollars; third class, sixty thousand dollars. Fifth — Recorders, first class, ten thousand dollars; sec- ond class, five thousand dollars; third class, two thousand dollars. Sixth — District attorneys, first class, fifteen thousand dollars; second class, ten thousand 'dollars; third class, two thousand dollars. Seventh — Assessors, first class, twenty thousand dollars; second class, ten thousand dollars; third class, three thousand dollars. Eighth — Tax collectors, first class, fifty thousand dollars; second class, thirty thousand dollars; third class, fifteen thousand dollars. Ninth — Surveyors, first class, ten thousand dollars; sec- ond class, five thousand dollars; third class, one thou- sand dollars. Tenth — School superintendents, first class, five thousand • dollars; second class, three thousand dollars; third class, one thousand dollars. Eleventh — Coroners, first class, five thousand dollars; second class, two thousand dollars; third class, one thou- sand dollars. Twelfth— Public administrators, first class, thirty thou- sand dollars; second class, twenty thousand dollars; third class, ten thousand dollars. 977 COUNTY OFFICERS. §§ 4123-4134 Thirteenth — Supervisors, first class, fifteen thousand dollars; second class, ten thousand dollars; third class, two thousand dollars. En. March 12, 1872. Am'd. 1873-4, 5G. Cal. Rep. Cit. 63, 178. County oflBcers: Ante, sec. 4103. Bonds of county and township officers, approval, filing and recording: Ante, sec. 950. Official bonds, generally: Ante, sees. 947-987. Class of a county: See ante, sec. 4006. § 4123. When amount of bond is not fixed by law. When the amount of the bond to be given by any county or township officer is not fixed by law, the amount must be fixed by the board of supervisors. En. March 12, 1872. Cal. Rep. Cit. 47, 509. § 4124. Other provisions relating to county officers. Other provisions relating to the different classes of offi- cers are contained in chapter VII, title I of part III of this code. En. March 12, 1872. Different classes of officers, general provisions relating to: Ante sees. 841-1032. ARTICLE II. JUDGE OF SUPERIOR COURT. § 4134'. Duties of judge of the superior court. § 4134. Duties of judge of the superior court. Each judge of the superior court must: 1. Perform the duties of a magistrate; 2. Hold superior courts; • 3. Grant certificates to the official character of the county clerk; 4. Certify to the ownership of wrecked propery, or its proceeds; 5. Perform such other duties as are prescribed in any of the laws of the state. En. March 12, 1872. Am'd. 1880 24. Rep. 1880, 101. [See note below.] Cal. Rep. Cit. 56, 4. Repealing act of 1880 was declared unconstitutional: See sec. 4000, note. Section in force inserted above. Pol. Code — 62 § 4144 COUNTY OFFICERS. »7H ARTICLE III. COUNTY TREASURER. § 4144. Duties of county treasurer. § 4145. To receive no monej', except on certificate of auditor. § 4146. Treasurer's ami aisditor's receipt for jnoney. § 4147. Mode of redeeming warrants. § 4148. Registry of warrants, when no funds. § 4149. Notice of redemption cf warrants bearing Interest. § 4150. Contents of such advertisement. § 4151. Priority in payment of warrants. § 4152. Action whsn warrants not re-presented In time. § 4153. Treasurer n.ust note the interest paid on warrant. § 4154. Monthly and annual settlements with auditor. § 4155. Report to board of supervisors each session. § 4156. Penalty for not settling or reporting. § 4157. When he must sue district attorney. § 415S. When he must sue coroner. § 4159. Disposition of property received from coroner. § 4160. Money thus derived, conditions of repayment. § 4161. Treasurer must not part with or loan public money, but may make special deposit. § 4162. Supervisois may suspend treasurer. § 4163. Delivery of effects of deceased treasurer. No percentage on money received from predecessor. § 4164. Book.? and vouchers subject to inspection. § 4165. Treasurer must permit examination of his books, and counting of money in treasury. § 4144. Duties of county treasurer. The county treas- urer must: 1. Receive all moneys belonging to the county, and all other moneys by law directed to be paid to him, safely keep the same and apply and pay them out, rendering ac- count 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 whom and on what account all moneys were received b^- him; the amount, time when, to whom and on what ac- count all disbursements were made by him; 4. So keep his books that the amount received and paid out on account of separate funds or specific appropriation are exhibited in separate and distinct accounts, and the whole receipts and expenditures shown in one general or cash account. 5. Enter no moneys received for the current year on his account with the county for the past fiscal year, until after his annual settlement for the past year has been made with the county auditor; 979 COUNTY OFFICERS. §§ 4145-4]4a 6. Disburse the county moneys only on county warrants issued by the county auditor, based on orders of the board of supervisors, or as otherwise provided by law. En. March 12, 1872. Cal. Rep. Cit. 47, 509; 57, 651. County treasurer, duty to ^safely keep county clerk's official bond: Ante, sec. 986. Deputies and clerks of: See post. Appendix, title Treas- urers. Acts relating to transfer of funds: See post. Appendix, title Treasurers. § 4145. To receive no money, except on certificate of auditor. He must receive no money into the treasury unless accompanied by the certificate of the auditor pro- vided for in section 4217. En. March 12, 1872. Cal. Rep. Cit. 73, 269; 126, 258; 146, 2. § 4146. Treasurer's and auditor's receipt for money. When any money is paid to the county treasurer he must give the person paying the same a receipt therefor, which must forthwith be deposited with the county auditor, who must charge the treasurer therewith and give the person paying the same a receipt. En. March 12, 1872. § 4147. IVlode of redeeming warrants. When a warrant is presented for payment, if there is money in the treas- ury for that purpose he must pay the same, and write on the face thereof "Paid," the date of payment, and sign his name thereto. En. March 12, 1872. § 4148. Registry of warrants, when no funds. When any warrant is presented to the treasurer for payment and the same is not paid for want of funds, the treasurer must indorse thereon, "Not paid for want of funds," annexing the date of presentation and sign his name thereto; and from that time until paid the warrant bears seven per cent per annum interest. En. March 12, 1872. Registering unpaid warrants: See ante, sec. 4076. § 4149. Notice of redemption of warrants bearing in- terest. When there are sufficient moneys in the treasury to pay the warrants drawing interest, the treasurer must give notice in some newspaper published in his county, or, if none is published, then by written notice posted upon the courthouse door, stating therein that he Is §§ 4150-4154 COUNTY OFFICERS. 9S0 ready to pay such warrants. From the first publication or posting of such notice such warrants cease to draw interest. En. March 12, 1872. Cal. Rep. Cit. 56, 116. § 4150. Contents of sucF) advertisement. In advertis- ing warrants under the provisions of this section in any newspaper, the treasurer must not publish the warrants in detail, but give notice only that county warrants pre- sented for payment prior to such a date, stated in the notice, are payable. When a part only of the warrants presented for payment on the same day are payable, the treasurer must designate such payable warrants in the advertisement. En. March 12, 1872. § 4151. Priority in payment of warrants. Warrants drawn on the treasury and properly attested are entitled to preference as to payment out of moneys in the treasury properly applicable to such warrants according to the priority of time in which they are presented. The time of presenting such warrants must be noted by the treas- urer, and upon the receipt of moneys into the treasury not otherwise appropriated, he must set apart the same or so much thereof as is necessary for the P9,yment of such warrants. En. March 12, 1872. Preference according to priority: See ante, sec. 4076. § 4152. Action winen warrants not re-presented in time. Should such warrants not be re-presented for payment within sixty days from the time of the notice hereinbefore provided for is given, the fund set aside for the payment of the same must be by the treasurer applied to the pay- ment of unpaid warrants next in order of registry. The board of supervisors may, on application and presentation of warrants properly indorsed, which have been .adver- tised, pass an order directing the treasurer to pay them out of any money in the treasury not otherwise appro- priated. En. March 12, 1872. § 4153. Treasurer must note the interest paid on war- rant. When the treasurer pays any warrant on which any interest is due he must note on the warrant the amount of interest paid thereon, and enter on his account the amount of such interest distinct from the principal. En. March 12, 1872. § 4154. Monthly and annual settlements with auditor. The treasurer must settle his accounts relating to the 981 COUNTY OFFICERS. 9$ 4155-4158 collection, care and disbursement of public revenue, or whatsoever nature and kind, with the auditor, on the first Monday of each month. For the purpose of making such settlement he must make out a statement under oath, of the amount of money or other property received prior to the period of such settlement, the sources whence the same was derived, the amount of payments or dis- bursements, and to whom, with the amount remaining on hand. He must, in such settlements deposit all war- rants redeemed by him and take the auditor's receipt therefor. He must also make a full settlement of all accounts with the auditor annually on the first Monday of January, in the presence of the supervisors, who have a supervisory control thereof. En. March 12, 1872. § 4155. Report to board of supervisors each session. Each county treasurer must make a detailed report, at every regular meeting of the board of supervisors of his county, of all moneys received by him and the disburse- ment thereof, and of all debts due to and from the county, and of all other proceedings in his office, so that the re- ceipts into the treasury and the amount of disbursements, together with the debts due to and from the county, may clearly and distinctly appear. En. March 12, 1872. § 4156. Penalty for not settling or reporting. If any county treasurer neglects or refuses to settle or report, as required in sections 4154, 4155, he forfeits and must pay to the county the sum of five hundred dollars for every such neglect or refusal, and the board of supervisors must institute suits for the recovery thereof. En. March 12, 1872. § 4157. When he must sue district attorney. If the district attorney refuses or neglects to account for and pay over money received by him, as required by the fifth subdivision of section 4256, the county treasurer must bring an action against him for the recovery thereof in the name of the county, and may recover in such action, in addition to the amount so received, fifty per cent there- on by way of damages. En. March 12, 1872. § 4158. When he must sue coroner. If the coroner, or any justice of the peace acting as coroner, fails to de- liver to the treasurer within thirty days after any inquest upon a dead body, all money and property found upon such body, unless claimed in the meantime by the public administrator or other legal representative of the de- §§ 4159-4163 COUNTY OFFICERS. 982 cedent, as required by section 4287, the treasurer must proceed against the coroner, or justice acting as coroner, to recover the same by civil action in the name of the county. En. March 12, 1872. § 4159. Disposition of property received from coroner. The treasurer, upon receiving from the coroner, or justice acting as coroner, money found on a dead body, must place it to the credit of the county. On receiving other property in like manner he must within thirty days sell it at public auction upon reasonable public notice, and must in like manner place the proceeds to the credit of the county. En. March 12, 1872. § 4160. Money thus derived, conditions of repayment. If the money in the treasury is demanded within six years by the legal representatives of the decedent, the treasurer must pay it to them, after deducting the fees and expenses of the coroner and the county in relation to the matter; or the same may be so paid at any time thereafter upon the order of the board of supervisors. En. March 12. 1872. § 4161. Treasurer must not part with or loan public money, but may make special deposit. The county treas- urer must keep all moneys belonging to this state or to any county of this state in his own possession until dis- bursed according to law. He must not place the same in the possession of any person, to be used for any purpose; nor must he loan or in any manner use or permit any per- son to use the same, except as provided by law; but noth- ing in this section prohibits him from making special deposits for the safe-keeping of the public moneys. En. March 12, 1872. § 4162. Supervisors may suspend treasurer. Whenever an action based upon official misconduct is commenced against any county treasurer, the supervisors may, in their discretion, suspend him from office until such suit is determined and may appoint some person to fill the vacancy. En. March 12, 1872. § 4163. Delivery of effects of deceased treasurer. No percentage on money received from predecessor. In case of the death of any county treasurer, his legal representa- tives must deliver up all official moneys, books, accounts, papers and documents which come into their possession. 983 COUNTY OFFICERS. §§ 4l()4-4l75 No percentage must be alloweo lo the treasurer on any money by him received from his predecessor in office, or from the legal representatives of such predecessors. Ea. March 12, 1872. § 4164. Books and vouchers subject to inspection. The books, accounts and vouchers of the treasurer are at all times subject to the inspection and examination of the board of supervisors and grand jury. En. March 12, 1872. § 4165. Treasurer must permit examination of his books, and counting of money in treasury. The treasurer must permit the judge of the superior court and auditor to examine his books and count the money in the treasury whenever they may wish to make an examination or count- ing. En. March 12, 1872. Am d. 1880, 24; 1880, 101. Cal. Rep. Cit. 56, 3. Amendment of 1880 declared unconstitutional: See. sec. 4000, note. Section in force inserted above. ARTICLE IV. SHERIFF. § 417.1. "Proce.ss" and "notice" defined. § 4176. Duties of .slieriff. § 4177. Return by mail to another county. § 417S. Return prima facii evidence. § 4179. Penally for delaying return. § 41S0. Liability for refu.sing to levy or sell. § 41S1. Damages for refusing to pay over money. § 41S2. Liability for permitting an escape. § 41S3. Liability for a rescue. § 41S4. No action for escape or rescue after return or recapture. § 418o. Direction to sheriff must be in writing. § 4186. When office of sheriff deemed vacant. § 41S7. When sheriff justified in executing process. § 41SS. Officer to exhibit process. § 4189. Sheriff to act as crier. § 4190. Service on sheriff, how made. § 4191. Coroner to execute process when sheriff is a party. § 4192. Elisors to act in cases designated. § 4193. Other duties of sheriff. § 4175. "Process" and "notice" defined. "Process" as used in this article, includes all writs, warrants, summons and orders of courts of justice or judicial officers. "No- tice" includes all papers and orders (except process) re- quired to be served in any proceeding 'before any court, board or officer, or when required by law to be served independently of such proceding. En. March 12, 1872. Cal. Rep. Cit. 92, 247. 32 § 4lT« COUNTY OFFICERS. 984 § 4176. Duties of sheriff. The sheriff must: 1. Preserve the peace; 2. Arrest and take before the nearest magistrate, for examination, all persons v.^ho attempt to commit or who have committed a public offense; 3. Prevent and suppress all affrays, breaches of the peace, riots and insurrections which may come to his knowledge; 4. Attend all courts, except justices', probate and police courts, at their respective terms, held within his county, and obey their lawful orders and directions; 5. Command the aid of as many rnale inhabitants of his county as he may think necessary in the execution of these duties; 6. Take charge of and keep the county jail and the pris- oners Therein; 7. Indorse upon all process and notices the year, month, day, hour and minute of reception, and issue therefor to the person delivering it, on payment of fees, a certificate showing the names of the parties, title of paper and time of reception; 8. Serve all process and notices in the manner prescribed by law; 9. Certify under his hand upon process or notices the manner and time of service, or if he fails to make service, the reasons of his failure, and return the same without delay. En. March 12 1872. Cal. Rep. Cit. 59,493; 65,190; 77,47; 92,247; 97,242; 110, 31. Subd. 1. Sheriff' is peace officer: Pen. Code, sec. 817. Subd. 2. Refusal of sheriff to make arrest, punishment for: Pen. Code, sec. 142 Subd. 4. Probate courts superseded by superior courts after abolition of existing courts by Const. Cal., art. XXII, bee. 3. Abolition of terms: Const. Cal., art. VI, sec. 5. Obey orders and directions to provide courtrooms, etc.: Code Civ. Proc, sec. 144. Subd. 7. Process and notices defined: Ante, sec. 4175. Subd 8. Summons, service of: Code Civ. Proc, sees. 410 et seq. Subd. 9. Return of process or notices: Post, sees. 4177- 4179. 985 COUNTY OS'FICERS. §5 4177-41SI Act authorizing supervisors to furnish sheriff and depu- ties with badge: See post, Appendix, title Sheriffs. § 4177. Return by mail to another county. When pro- cess or notices are returnable to another county, he may inclose such process or notice in an envelope, addressed to the officer from whom the same emanated, and deposit it in the postoffice, prepaying postage. En. March 12, 1872. § 4178. Return prima facie evidence. The return of the sheriff, upon process or notices, is prima facie evidence of the facts in such return stated En. March 12, 1872. Am'd. 1873-4, 57. Cal. Rep. Cit. 72, 505; 79, 559; 128, 332; 134, 675. Prima facie evidence defined: Code Civ. Proc, sec. 1833. § 4179. Penalty for delaying return. If the sheriff does not return a notice or process in his possession with the necessary indorsement thereon without delay, he is liable to the party aggrieved for the sum of two hundred dollars and for all damages sustained by him. En. March 12, 1872. Cal. Rep. Cit. 52, 495; 79, 256; 144, 8. § 4180. Liability for refusing to levy or sell. If the sheriff to whom a writ of execution is delivered neglects or refuses, after being required by the creditor or his attorney, to levy upon or sell any property of the party charged in the writ which is liable to be levied upon and sold, he is liable to the creditor for the value of such property. En. March 12, 1872. Cal. Rep. Cit. 52, 495; 144, 8. Sheriff's duty to execute process: Post, sec. 4187. Sale without notice, liabiity of officer for: Code Civ. Proc, sec. 693. Resale, limit of liability of officer on: Code Civ. Proc, sees. 695, 697. Indemnity bond may be required by sheriff where prop- erty claimed by third person: See Code Civ. Proc, sec. 689. § 4181. Damages for refusing to pay over money. If he neglects or refuses to pay over on demand, to the person entitled thereto, any money which may come into his hands by virtue of his office (after deducting his legal §§ 4182-4184 COUNTY OFFICERS. aS'J fees), the amount thereof, with twenty-five per cent dam- ages and interest at the rate of ten per cent per month fiom the time of demand, may be recovered by such per- son. En. March 12, 1872. Cal. Rep. Cit. 73, 261; 73, 2G4. Not paying over money received by him by virtue of his office, office of sheriff is vacant for, when he remains com- mitted sixty days on acccmt of: Post,- sec. 4186. § 4182. Liability for permitting an escape. A sheriff who suffers the escape of a person arrested in a civil ac- tion, without the consent or connivance of tlie party in whose behalf the arrest or imprisonment is made, is liable as follows: 1. When the arrest is upon an order to hold to bail or upon a surrender in exoneration of bail before judgment, he is liable to the plaintiff as bail; 2. When the arrest is on an execution or commitment to enforce the payment of money, he is liable for the amount expressed in the execution or commitment; 3. When the arrest is on an execution or commitment other than to enforce the payment of money, he is liable for the actual damages sustained; 4. Upon being sued for damages for an escape or rescue he may introduce evidence in mitigation and exculpation. En. March 12, 1872. Persons arrested in a civil action in justices' court: Code Civ. Proc, sec. 864, 865. Witness: Code Civ. Proc, sec. 2069. Escapes of criminal offenders: Pen. Code, sees. 105-110. Subd. 1. Liability as bail: Code Civ. Proc, sec. 501. Subd. 3. Commitment or attachment for contempt, detention on: Code Civ. Proc, sec. 1214. § 4183. Liability for a rescue. He is liable for a rescue of a person arrested in a civil action, equally as for an escape. En. March 12, 1872. Liability for rescue: Code Civ. Proc. sec. 501. Rescue of prisoners: Pen. Code, sec. 101. § 4184. No action for escape or rescue after return or recapture. An action canno! be maintained against the !I87 COUNTY OFFICERS. SS 41S5-4iyu sheriff for a rescue, or for an escape of a person arresteJ upon an execution or commitment, if, after iiis rescue or escape and before the commencement of the action, the prisoner returns to the jail, or is retaken by the sheriff. En. March 12, 1872. § 4185. Direction to sheriff must be in writing. No •direction or authority by a party or his attorney to a sheriff, in respect to the execution of process or return thereof, or to any act or omission relating thereto, is avail- able to discharge or excuse the sheriff from a liability for neglect or misconduct, unless it is contained in a writing, signed by the attorney of the party, or by the party if ho has no attorney. En. March 12, 1872. § 4186. When office of sheriff deemed vacant. When the sheriff is committed under an execution or commit- ment for not paying over money received by him by virtue of his office, and remains committed for sixty days, his office is vacant. En. March 12, 1872. Cal. Rep. Cit. 107, 239; 107, 241; 118, 483. § 4187. When sheriff justified in executing process. A sheriff or other ministerial officer, is justified in the exe- cution of and must execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued. En. March 12, 1872. Cal. Rep. Cit. 59, 191; 67, 604; 76, 290; 132, 129; 144, 8. § 4188. Officer to exhibit process. The officer executing process must then, and at all times subsequent, so long as he retains it, upon request show the same, with all papers attached, to any person interested therein. En. March 12, 1872. § 4189. Sheriff to act as crier. The sheriff in attend- ance upon court must act as the crier thereof, call the par- ties and witnesses and all other persons bound to appear at the court, and make proclamation of the opening and adjournment of the court, and of any other matter under its direction. En. March 12, 1872. § 4190. Service on sheriff, how made. Service of a paper other than process, upon the sheriff may be made §§ 4191-4193 COUNTY OFFICERS. 988 by delivering it to him or to one of his deputies, or to a person in charge of the office during office hours, or if no such person is there, by leaving it in a conspicuous place in the office. En. March 12, 1872. § 4191. Coroner to execute process when sheriff is a party. When the sheriff is a party to an action or pro- ceeding, the process and orders therein, which it would otherwise be the duty of the sheriff to execute, must be executed by the coroner oi the county. En. March 12, 1872. Cal. Rep. Cit. 49, 177; 92, 247; 140, 5. § 4192. Elisors to act in cases designated. Pi'ocess and orders in au action or proceeding may be executed by a person residing in the county, designated by the court or the judge thereof, and denominated an elisor, in the fol- lowing cases: 1. When the sheriff and coroner are both parties; 2. When either of these officers is a party, and the process is against the other; and 3. When either of these officers is a party, and there is a vacancy in the office of the other; or when it appears by affidavit to the satisfaction of the court in which the proceeding is pending, or the judge thereof, that both of these officers are disqualified, or by reason of any bias, prejudice or other cause, would not act promptly or im- partially. When process is delivered to an elisor, he must execute and return it in the same manner as the sheriff is required to execute similar process. En. March 12, 1872. Am'd. 1880, 24; 1880, 101. Cal. Rep. Cit. 49, 177; 56, 3; 77, 47; 92, 247; 92, 257; 106, 198; 122, 236; 122, 237. The amendment of April 27, 1880, was declared uncon- stitutional: See note to sec. 4000. Its language was sim- ilar. Section in force inserted above. § 4193. Other duties of sheriff. The sheriff must per- form such other duties as are required of him by law. En. March 12, 1872. Cal. Rep. Cit. 92, 247. Sheriff, badge of office for himself and deputies to be provided by county boards of supervisors: See post. Ap- pendix, title Sheriffs. 989 COUNTY OFFICERS. 5 *20* Other duties, sheriff as tax collector: See ante, sec. 4106. Duty as to licenses: See ante, sec. 3387. To summon jurors: Code Civ. Proc, sees. 225-227. To remove intruder on public land: Ante, sec. 42. To serve notice of contest of election of member of legislature: Ante, sec. 276. To serve process of courts-martial: Ante. sec. 2084. To deliver persons to insane asylum: Ante, sec. 2218. To dispose of floating lumber: Ante, sec. 2391. As to wrecked property: Ante, sees. 2403, 2404. 2406, 2407, 2408, 2412, 2415, 2417. To be ex-officio auctioneer, when: Ante, sec. 3291. To attend meetings of board of supervisors: Ante, sec. 4047. To reside at county seat: Ante, sec. 4119. Not to practice law, etc.: Ante, sec. 4121. In criminal cases: See Pen. Code, sees. 1216, 1601, 1602, 1609, 1611. ARTICLE V. COUNTY CLERK. § 4204. Duties of county clerk. § 4205. Other records and duties. § 4204. Duties of county clerk. The county clerk must: 1. Take charge of and safely keep or dispose of accord- ing to law, all books, papers and records which may be filed or deposited in his office. 2. Act as clerk of the board of supervisors, and as clerk of the district, county and probate courts and attend each term thereof, and upon the judges at chambers when re- quired. 3. Issue all process and notices required to be issued; enter all orders, judgments and decrees proper to be en- tered; keep in each court a docket, in which must be entered the title of each cause, with the date of its com- mencement, a memorandum of every subsequent proceed- ing therein, with the date thereof, and a list of all the fees charged. 4. Keep for the district and county courts, in separate volumes, an index of all suits, labeled "General Index — Plaintiffs," each page of which must be divided into seven columns, under their respective heads, alphabetically ar- ranged as follows: "Number of suit," "Plaintiffs," "De- fendants," "Date of judgment," "Number of judgment," "Page of entry of judgment in judgment book," "Page of minute book of district court"; also an index labeled "General Index — Defendants," each page of which must § 4205 tOUNxY OFFICERS. 9-)') be divided into seven columns, under their respective heads, alphabetically arranged as follows: "Number of suit," "Defendants," "Plaintiffs," "Date of judgment," "Number of judgment," "Page of entry of judgment in judgment book," "Page in order book of district court. ' En. March 12, 1872. Am'd. 1880, 102. Cal. Rep. Cit. 56, 3; 61, 286. Amendment of 1880 was declared unconstitutional: See sec. 4000, note. Section in force inserted above. County clerk may issue exempt fire certificates: Ante, sec. -3339. Election for removal of county seat, statement of result must be deposited in office of: Ante, sec. 3983. Bond of: Ante, sec. 4122, subd. 2. To take affidavits of pension claimants without charge: See post, Appendix, title County Clerks. Subd. 2. Clerk of board of supervisors, county clerk is ex-officio: Ante, sec. 4029. Clerk of court, as such to certify facts of contest of title to office: Ante, sec. 937. Not to make public divorce and attachment papers, when: Ante, sec. 1032. § 4205. Other records and duties. He must keep such other records and perform such other duties as are pre- scribed by law. En. March 12, 1872. Other duties of county clerk: Contested elections, in: Ante, sees. 274, 275, 281. Ex-officio sealer of weights and measures, as: Ante, sees. 562-564, 566, 567. Official bonds, as to: Ante, sees. 800, 950, 986. Elections, duties as to: Ante, sees. 1094 et seq., 1264-1268. 1284, 1287, 1289, 1293. 1308, 1310. Ex-officio auditor and recorder, when to be: Ante, sec. 4105, subd. 1, sec. 4106, subd 2. County seat, to keep office open at: Ante, sec. 4116; and to reside there: Ante, sec. 4119. Law. not to practice, etc: Ante, sec. 4121. See further Civil and Penal Codes and Code of Civil Pro- cedure. Indexing names of liens making declarations of inten- tion: See General Laws, title Aliens. Divorce and attachment papers not to be made public: Ante, sec. 1032. ■y.n COUNTY OFFICERS. §§ 4'J15-4::l'> ARTICLE VI. AUDITOR. 5 421."j. Auditor ro diaw warrants authorized. § 4:;16. \^"arrants must specify what. § 4l'n. Spttlement with debtors to the county. § 4l'1S. To Vceep accounts, file receipts, etc. !) 4219. Warrants of auditor "O he numbered, marked and registered. § 4220. Auditor to examine boolts of treasurer, when. § 4221. .-Xuditor and district attorney to count money in treasury anl make statement § 4222. Statements to be filed and posted. § 422:{. Quartfrlj- statements concerning collection of revenue and financial condition of county. § 4J24. Other duties. § 4215. Auditor to draw warrants authorized. The auditor must draw warrants on the county treasurer in fa\or of all persons entitled thereto in payment of all claims and demands chargeable against the county which have been legally examined, allowed, and ordered paid by the board of supervisors; also, for all debts and de- mands against the county when the amounts are fixed by law, and which are not directed to be auditea by some other person or tribunal. En. March 12, 1872. § 4216. Warrants must specify what. All warrants must 'distinctly specify the liability for which they are drawn, and when it accrued. En. March 12, 1872. Similar provision as to warrants for current expenses: Ante, sec. 4076. § 4217. Settlement with debtors to the county. The auditor must examine and settle the accounts of all persons indebted to the county, or holding moneys 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 person a discharge, and charge the treasurer with the amount received by him. En. March 12, 1872. Cal. Rep. Cit. 73, 269; 126, 258. S 4218. To keep accounts, file receipts, etc. The auditor must keep accounts current with the treasurer, and when any person deposits with the auditor any receipt given by the treasurer for any money paid into the treasury, the auditor must file such receipt and charge the treasurer with the amount thereof. En. March 12, 1872. §§ 4219-4223 COUNTY OFFICERS. 892 § 4219. Warrants of auditor to be numbered, marked and registered. All warrants issued by the auditor during each year, commencing with the first Monday in January, must be numbered consecutively, and the number, date, and amount of each, and the name of the person to whom payable, and the purpose for which drawn, must be stated thereon, and they must, at the time they are issued, be registered by him. En. March 12, 1872. § 4220. Auditor, to examine books of treasurer, when. The auditor must, between the first and tenth of each month, examine the books of the treasurer and see that the same have been correctly kept. En. March 12, 1872. § 4221. Auditor and district attorney to count money in treasury and make statement. The 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 money that ought to be in the treasury. 2. The amount and kind of money actually therein. En. March 12, 1872. Am'd. lSe.0, 24; 1880, 66; 1880, 102. Cal. Rep. Cit. 56, 3. Amendment of April 27, 1880, was declared unconstitu-' tional: See sec. 4000, note. Section in force inserted above. § 4222. Statements to be filed and posted. They must file one of the statements in the office of the county clerk, and the auditor must post and maintain the other in his ofiice for at least a month thereafter. En. March 12, 1872. § 4223. Quarterly statements concerning collection of revenue and financial condition of county. The auditor and treasurer of each county must on the first Monday in February, May, August, and November, make a joint state- ment to the board of supervisors, showing the whole amount of collections (stating particularly the source of each portion of the revenue) from all sources paid into the county O-easury, the funds among which the same was distributed and the amount to each; the total amount of warrants drawn and paid, and on what fund; total amount of warrants drawn and unpaid, and accounts or claims audited, or allowed and unpaid, and the fund out of which 993 COUNTY OFFICERS. 55 4224-423S they are to be paid, and generally make a full and specific showing of the financial condition of the county. En. March 12, 1872. Cal. Rep. Cit. 126, 623. § 4224. Other duties, The auditor must discharge such other duties as are required by law. En. March 12, 1872. Other duties of auditor, as to licenses: Ante, sees. 3356- 3358, 3364. As to taxes: See ante, sees. 3727 et seq. When county clerk is ex-ofRcio auditor and recorder: See ante, sees. 4105, 4106. ARTICLE VII. RECORDER. § 4234. To procure record books, and have custody of records. § 4235. What to be recorded. § i'So6. Indexes to be kept by recorder. § 4237. Records of certificates of sale. § 423S. To record decrees of partition, etc. § 4230. Filing of copy to impart notice. § 4240. Combination of indexes, and arrangement of names therein. § 4241. Recorder's duty on receipt of instrument of names therein. § 4242. Indoising book, etc., when record made, and returning instru- ment. § 4243. Recorder to make searches and furnish certificates thereof. § 4244. Liable for neglect of certain duties. § 4245. Fees to be prepaid. § 4246. Records to be open for Inspection. § 4247. Recorder to return or destroy contracts; plans and specifica- tion, when. § 424S. Recoidation of lost or destroyed instruments. § 4234. To procure record books, and have custody of records. The recorder must procure such books for records as the business of his office requires, but orders for the same must first be obtained from the board of supervisors. He has the custody of and must keep all books, records, maps, and papers deposited in his office. En. March 12, 1872. Recorder, county clerk as ex-officio: Ante, sees. 4105, 4106. § 4235. What to be recorded. He must, upon the pay- ment of his fees for the same, record separately, in a fair hand or typewriting, in large and well-bound separate books, either sewed books or on insertable leaf, which when placed in the book cannot be removed: 1. Deeds, grants, transfers, and mortgages of real estate, releases of mortgages, powers of attorney to convey real Pol. Code — 63 § 4235 COUNTY OFFICERS. 994 estate, and leases which have been acknowledged or proved; 2. Mortgages of personal property; 3. Certificates of marriage and marriage contracts; 4. Wills admitted to probate; 5. Official bonds; 6. Notices of mechanics' liens; 7. Transcripts of judgments which by law of this state, or of the United States, are made liens upon real estate in this state; 8. Notices of attachments upon real estate; 9. Notices of the pendency of an action affecting real estate, the title thereto, or possession thereof; 10. Instruments describing or relating to the separate property of married women; 11. Notices of pre-emption claims; 12. Births and deaths; and, 13. Such other writings as are required or permitted by law to be recorded. En. March 12, 1872. Am'd. 1895, 53; 1905, 47. Cal. Rep. Cit. 98, 412; 135. 177. Recording transfers: Civ. Code, sees. 1185-1217. What may be recorded: Sees. 1158-1165 of same. Mode of re- cording: Sees. 1169-1173 of same. Effect of recording, or the want thereof: Sees. 1213-1217 of same. Mortgages: Civ. Code, sec. 2952. Assignment of: Sec. 2934 of same. Discharge of: Sees. 2938-2941 of same. Powers of attorneys to execute a mortgage: Civ. Code, sec. 2933. Proof of acknowledgment of instruments: Civ. Code, sees. 1180-1207. Mortgages of personal property: Civ. Code, sees. 2959- 2964. Marriage certificates: Civ. Code, sees. 74-77; and con- tracts: Civ. Code, sees. 179, 180. Register of marriages: See ante, sec. 3079 of this code. Wills admitted to probate: See Code Civ. Proc, sees. 1318-1322. Official bonds: Ante, sees. 950, 951. Mechanics' liens: Code Civ. Proc, sec. 1187. Judgments affecting real property: Civ. Code, sec. 1159. Attachment of realty: Code Civ. Proc, sec. 542. Lis pendens: Code Civ. Proc, sec. 409. Separate property of married women: Civ. Code, sees. 165, 166. 695 COUNTY OFFICERS. 5 4-^6 Pre-emption claims: See Civ. Code, sees. 1158 et seq. Births and deaths: Sees. 3077, 3079, also sec. 3080. What may be recorded: Civ. Code, sees. 1158-1165. § 4236. Indexes to be kept by recorder. Every recorder must keep: ■ 1. An index of deeds, grants and transfers, labeled "Grantors," each page divided into four columns, headed respectively: "Names of grantors," "Names of grantees," "Date of deeds, grants, or transfers," and "Where re- corded." 2. An index of deeds, labeled "Grantees," each page divided iuto four columns, headed respectively: "Names of grantees," "Names of grantors," "Date of deeds, grants, or transfers," and "Where recorded." 3. Two indexes of mortgages, labeled respectively: "Mortgagors of real property," "Mortgagors of personal, property," with the pages thereof divided into five col- umns, headed respectively: "Names of mortgagors," "Names of mortgagees," "Date of mortgages," "Where re- corded," "When discharged." 4. Two indexes of "Mortgagees," labeled respectively: "Mortgagees of real property," "Mortgagees of personal property," v^^ith the pages thereof divided into five col- umns, headed respectively: "Names of mortgagees," "Names of mortgagors," "Date of mortgages," "Where re- corded," "When discharged." 5. Two indexes of releases of • mortgages, labeled re- spectively: "Releases of mortgages of real property — Mortgagors," "Releases of mortgages of personal property — Mortgagors," with the pages thereof divided into six columns, headed respectively: "Parties releasing," "To who releases are given," "Date of releases," "Where re- leases are recorded," "Date of mortgages released," "Where mortgages released are recorded." 6. Two indexes of releases of mortgages, labeled re- spectively: "Releases of mortgages of real property — Mortgagees," Releases of mortgages of personal prop- erty — Mortgagees," with the pages thereof divided into six columns, headed respectively: "Parties whose mort- gages are released," "Parties releasing," "Date of re- leases," "Where recorded," "Date of mortgages released," "Where mortgages released are recorded." 7. An index of powers of attorney', labeled "Powers or Attorney," each page divided into five columns, headed § 4236 COUNTY OFFICERS. aa» respectively: "Names of parties executing the powers," "To whom powers are executed," "Date of powers," "Date of recording," "Where powers are recorded." S: An index of leases, labeled "Leases," each page di- vided into four columns, headed respectively: "Names of lessors," "Names of lessees," "Date of leases," "When and where recorded." 9. An index of leases labeled "Lessees," each page di- vided into four columns, headed respectively: "Names of lessees," "Names of lessors," "Date of leases," "When and where recorded." 10. An index of marriage certificates, labeled "Marriage certificates — Men," each page divided into six columns, headed respectively: "Men married," "To whom mar- ried," "When married," "By whom married," "Where married," "Where certificates are. recorded." 11. An index of mai'riage certificates labeled "Marriage certificates— Women," each page divided into six columns, headed respectively: "Women married" (and under this head placing the family names of the women), "To whom married," "When married," "By whom married," "Where married," "Where certificates are recorded." 12. An index of assignments of mortgages and leases, labeled "Assignments of mortgages and leases — As- signors," each page divided into five columns, headed respectively: "Assignors," "Assignees," "Instruments as- signed," "Date of assignments," "When and where re- corded." 13. An index of assignments of mortgages and leases, labeled "Assignments of mortgages and leases — As- signees," each page divided into five columns, headed respectively: "Assignees," "Assignors," "Instruments as- signed," "Date of assignments," "Vvhen and where re- corded." 14. An index of wills labeled "Wills," each page di- vided into four columns, headed respectively: "Names of testators," "Date of wills," "Date of probate," "When and where recorded." 15. An index of official bonds labeled "Official Bonds," each page divided into five columns, headed respectively: 'Names of officers," "Names of offices," "Date of bonds," "Amount of bonds," "When and where recorded." IG. An index of notices of mechanics' liens labeled "Mechanics Liens," each page divided into three columns, 997 COUNTY OFT'ICERS. §§ 4237, 423S headed respectively: "Parties claiming liens," "Against v/hom claimed." "Notices when and where recorded." 17. An index to transcripts of judgments, labeled "Transcripts of judgments," each page divided into seven columns, headed respectively: "Judgment debtors," "Judgment creditors," "Amount of Judgments," "Where recovered," "When recovered," "When transcript filed," "When judgment satisfied." 18. An index of attachments labeled "Attachments," each page divided into six columns, headed respectively: "Parties against whom attachments are issued," "Parties issuing attachments," "Notices of attachments," "When recorded," "Where recorded," "When attachments disi- charged." 19. An index of notices of the pendency of actions, labeled "Notices of Actions," each page divided into three columns, headed respectively: "Parties to the actions," "Notices when recorded," "Where recorded." 20. An index of separate property of married women, labeled "Separate property of married women," each page divided 'into five columns, headed respectively: "Names of married women," "Names of their husbands," "Nature of instruments recorded," "When recorded," "Where re- corded." 21. An index of pre-emption claims, labeled "Pre-emp- tion Claims," each page divided into five columns, headed respectively: "Claimants," "Notices," "When received," "Date of notices," "When and where recorded." 22. An index to the register of births and deaths En March 12. 1872. Cal. Rep. Cit. 109, 182. § 4237. Records of certificates of sale. The recorder must keep in his office a book to be called "Certificates of Sale," and record therein all certificates of sale of real estate sold under execution or under order made in any judicial proceeding. He must also prepare an index thereto, in which in separate columns he must enter the names of the plaintiff in the execution, the defendant in the execution, the purchaser at the sale, and the date of the sale. En. March 12. 1872. Cal. Rep. Cit. 75, 557. § 4238. To record decrees of partition, etc. The re- corder must file and record with the record of deeds, §§ 4239-4241 COUNTY OFFICERS. yjs grants, and transfers, certified copies of final judgments or decrees partitioning or affecting the title or possession of real property, any part of which is situated in the county of which he is recorder. En. March 12, 1872. Recording judgments. See Civ. Code, sec. 1159. § 4239. Filing of copy to impart notice. Every such certified copy of partition, from the time of the filing the same with the recorder for record, imparts notice to all persons of the contents thereof; and subsequent pur- chasers, mortgagees, and lienholders. purchase and take with like notice and effect as if such copy of decree was a duly recorded deed, grant or transfer. En. March 12, 1872. § 4240. Combination of indexes, and arrangement of names therein. The recorder may keep in the same volume any two or more of the indexes mentioned in section 4236, but the several indexes must be kept distinct from each other, and the volume distinctly marked on the outside in such a way as to show all the indexes kept therein. The names of the parties in the first cojumn in the several indexes must be arranged in alphabetical or- der, and when a conveyance is executed by a sheriff, the name of the sheriff and the party charged in the execu- tion must both be inserted in the index, and when an instrument is recorded to which an executor, adminis- trator, or trustee, is a party, the name of such executor, administrator or trustee, together with the name of the testator or intestate or party for whom the trust is held, must be inserted in the index, n. March 12, 1872. § 4241. Recorder's duty on receipt of instrument to be recorded. When any instrument, paper, or notice, author- ized by law to be recorded, is deposited in the recorder's office for record, the recorder must indorse upon the same the time when it was received, noting the year, month, day, hour, and minute of its reception and must record the same without delay together with the ac- knowledgments, proofs, and certificates, written upon or annexed to the same, with the plats, surveys, schedule, and other papers thereto annexed, in the order and as of the time when the same was received for record, and must note at the foot of the record the exact time of its reception, and the name of the person at whose request it was recorded. En. March 12. 1872. Cal, Rep. Cit. 57, 401. 991, COUNTY OFFICERS. §§ 4242-42^4 § 4242. Indorsing book, etc., when record made, and returning instrument. He must also indorse upon each in- strument, paper, or notice, the time when and the book and pages in whch it is recorded, and must thereafter deliver it, upon request, to the party leaving the same for record, or to his order. En. March 12, 1872. Cal. Rep. Cit. 67, 58; 110, 194. § 4243. Recorder to make searches and furnish certifi- cates thereof. The recorder must, upon the application of any person, and upcn the payment or tender of the fees therefor, make searches for conveyances, mortgages, and all other inytruments, papers, or notices recorded or filed in his office, and furnish a certificate thereof, stating the names of the parties to such instruments, papers, and notices, the dates thereof, the year, month, day, hour, and minute they were recorded or filed, the extent lo which tney purport to affect the property to which they relate, and the book and pages where they are recorded. En. March 12, 1872. Payment or tender of fees, essential prerequisite: Post, sec. 4245. § 4244. Liable for neglect of certain duties. If any re- corder to whom an instrument, proved or acknowledged according to law. or any paper or notice which may by law be recorded, is delivered for record: 1. Neglects or refuses to record such instrument, paper, or notice, within a reasonable time after receiving the same; or, 2. Records any instruments, papers, or notices untruly, or in any other manner than as hereinbefore directed; or, 3. Neglects or refuses to keep in his office such in- dexes as are required by this article, or to make the proper entries therein; or, 4. Neglects or refuses to make the searches and to give the certificate required by this article; or if such searches or certificate are incomplete and defective in any important particular affecting the property in respect to which the search is requested; or, .5. Alters, changes, or obliterates any records deposited in his oiRce, or inserts any new matter therein; he is liable to the. party aggrieved for three times the amount of the damages which may be occasioned thereby. En. March 12, 1872. 5§ 4245-4248 COUNTT OFFICERS. UOO Records: Offenses concerning, by officer having the cus- tody of them: Pen. Code, sec. 113. By any person: Pen. Code, sees. 114, 115, 470, 471. § 4245. Fees to be prepaid. He is not bound to record any instrument, or file any paper or notice, or furnL'^h any copies, or to render any service connected with his office, until his fees for the same, as prescribed by law, are, if demanded, paid or tendered. En. March 12, 1872. § 4246. Records to be open for inspection. All books of record, maps, charts, surveys, and other papers on file in the recorder's office, must, dui'ing office hours, be open for the inspection of any person who may desire to inspect them, and may be inspected without charge; and tho recorder must arrange the books of record and indexes in his office in such suitable places as to facilitate their inspection. En March 12, 1872. § 4247. Recorder to return or destroy contracts, plans and specification, when. After the expiration of two years from the date of filing in the recorder's office of notice of completion of any building or improvement, the contract, plans and specifications under which the work or improve- ment was performed may be returned by the recorder to the person filing the same tmless the recorder has been notified in writing to retain the same by some one claim- ing some interest under stich contract or in the property affected thereby. If no such notice be given the recorder may, after the expiration of said two years, destroy such contract, plans and specifications. But in the cases of such contracts, plans and specifications as have been filed heretofore: two years after this section goes into effect, the recorder may destroy all such contracts, plans or specifications as may have been filed five years theretofore, and thereafter may continue to destroy all of them as soon as five years elapse from the dates when they were filed, unless th-:y are returned to the party filing the same, or unless notice be given to retain them, as above provided. En. Stats. 1905, 8. § 4248. Recordation of lost or destroyed instruments. Subdivision 1. Whenever any record of any instrument has been, or shall hereafter be, lost, injured or destroyed by confiagration or other public calamity, the recorder of such county, or city and county is hereby authorized and directed to record any instrument of writing entitled to 1001 COUNTY OFFICERS. S ^'■^^ record under the provisions of Article VII, Chapter V, Part VI, of this code, which instrument of writing had been pre- viously recorded in his office. In recording the same, the recorder shall record ail certificates attached thereto and all indorsements thereon, and if any of such certificates or indorsements show the previous recording of same in the county, or city and county, v/here said instrument is presented for record, the date appearing in such certificate or instrument of such record shall be deemed and taken as the date of the recording thereof in said county or city and county, where said instrument is presented for record. Such record and certified copies thereof, duly certified by the recorder of any such county, or city and county, un- der his seal of office, may be introduced in evidence, with the same force and effect as the original record or certified copies of the original record. Subdivision 2. Whenever any record of any instrument has been, or shall hereafter be, lost injured or destroyed by conflagration or other public calamity, the recorder of such county, or city and county is hereby authorized and di- rected, when presented to him for record, to record any instrument of writing entitled to record under the provi- sions of Article VII, Chapter V, Part IV, of this Code, which said instrument of writing shall have been or shall be duly certified by the recorder of any other county, or city and county, of this state as being of record in this office. In recording the same, the recorder shall record all certi- ficates attached thereto, or indorsements thereon, and if any of such certificates or indorsements show the previous recording of the same in the county, or city and county, where the said certified copy of the said instrument is presented for record, the date appearing in such certificate or indorsement of such record shall be deemed and taken as the date of the recording thereof in said county, or city and county recorder's office, v/here the said certified copy is so presented for record. Said record and certified copies of any such record, duly certified by the recorder of any such county, or city and county, under his seal of office, may be introduced in evidence with the same force and effect as the original record or certified copies of the ori- ginal record. Subdivision 3. Such county, or city and county recorder shall be entitled, for his services hereunder, to receive the same amount of fees as he is entitled to receive for the recording of instruments of like character. En. June 16, 1906. § 4256 COUNTY OFFICERS. io same appears upon the books of his office, together with a list of warrants issued by him but not paid by the state treasurer, and for the payment of which there is money in the state treasury. Upon the receipt of such statement from the controller, the state board of examiners shall proceed to count the money in the state treasury, and compare the amount with the amount named in the state- ment of Ihe controller. Sec. 5. Whenever any warrant issued by the state controller shall remain in his office uncalled for by the owner thereof for the period of one year after such war- rant has L-'Come payable, it shall be the duty of the con- troller and treasurer, in the presence of the state board of examinei's, to cancel the same; and whenever any war- rant, delivered to the owner therof by the controller, but not presented to the state treasurer for payment for a period of one year after such warrant has become pay- able, said warrant shall be deemed to be canceled, and the treasurer shall in the presence of the controller and state board of examiners, write the word '-'Canceled" op- posite the entry of such warrant in his registry of war- rants provided for in the first section of this act. The word "Canceled" shall also be written by the state con- troller opposite the entry in the warrant register in his office of all warrants required to be canceled by this act. The amounts of all warrants canceled under the provis- ions of this act shall revert to the fund in the state treas- ury against which said warrants were drawn, and shall be entered upon the books of the controller to the credit of such fund, in the same manner as other moneys paid into the rtate treasury. Sec. 6. The controller and treasurer shall each keep a register of warrants canceled under this act, in which shall be entered the number, date, and amount of the war- rant, the • "'- e of the person in whose favor it was drawn, the fund out of which it was payable, and the date of can- cellation. \v henever the owner of any warrant canceled under the provisions of this act demands sucii warrant from the controller, it shall be the duty of the controller to issue ^ new warrant for the same amount, in the name of the same person, and payable out of the same fund as the warrant canceled; and in case where a warrant is- sued by the controller, but not paid by the treasurer, has been canceled, and the owner or holder thereof pre- Pol. Code— 70 1106 APPENDIX. sents the same for payment, it shall be the duty of the state controller to draw a new warrant therefor, in the name of the same person, for the same amount, and payable out of the same fund as the original warrant, and such original warrant shall thereupon be canceled by him and retained in his office as his voucher for issuing such new warrant. In all cases where a warrant shall be issued in lieu of one canceled, the word "Duplicate" shall be plainly written or printed across the face thereof, in red ink, by the controller, and the issue thereof noted on the registry of canceled warrants kept in his office, and when any such duplicate warrant is paid by the state treasurer, he shall note the payment thereof on the reg- istry of canceled wari'ants kept in his office. Sec. 7. Whenever the interest coupons attached to any registered bond of this state issued under either of the following named acts, to wit: An act to provide for pay- ing certain equitable claims against the state of Califor- nia, and to contract a funded debt for that purpose, ap- proved April 28, 1857; an act to amend an act entitled. An act to provide for paying certain equitable claims against the state of California, and to contract a funded debt for that purpose, approved April 28, 1857, approved April 27, 1860; an act for the relief of the enlisted men of the California volunteers in the sei'vice of the United States, approved April 27, 1863; an act granting bounties to the volunteers of this state, enlisted in the service of the United States, for issuing bonds to provide funds for the payment of the same, and to levy a tax to pay such bonds, approved April 4, 1864; and an act '■"thorizing the issuance of state bonds to the amount of two hundred and fifty thousand dollars, to be known as state capitol bonds, approved April 4, 1870 — shall not be presented to the state treasurer for payment for a period of one year after such coupon has become due and payable, it shall be the duty of the state treasurer to furnish the state controller and state board of examiners each with a list of such coupons not presented for payment, with the amount thereof, whereupon the state controller shall order the treasurer to place the money held by him for the pay- ment of such coupons into the general fund of the state OFFICERS— ORPHAN ASYLUMS. 110/ treasury, and the amount so ordered into the general fund shall be placed to the credit of said fund on the books of the controller and treasurer in the same manner as other moneys paid into the state treasury. Sec. 8. Whenever any of the interest coupons men- tioned in the seventh section of this act are presented for payment, after the money to pay the same has been trans- ferred to the general fund, such coupons shall be pre- sented to the state board of examiners, which board shall audit and allow them out of the general fund of the state treasury, and shall transmit a voucher to the state con- troller upon which to draw his wan-ant upon the state treasurer. Upon the presentation of such warrant and the surrender to him of the coupons for the payment of which the said warrant is drawn, the state treasurer shall pay the same out of the general fund. Sec. 9. Immediately after the passage of this act the state board of examiners shall examine the books in the state treasurer's office in which are pasted the coupons of the registered bonds of the state paid by him, and shall require the state treasurer to make out a list of all cou- pons not found therein, as provided for in section seven of this act, and the money held by him for the payment thereof shall be placed in the general fund, as provided in this act. Sec. 10. This act shall take effect from and after its passage. An act providing for the removal of civil officers for a violation of official duties. [Approved March 30, 1874; 1873-4, 911.] The code commissioners say of this act: "Repealed by the constitution of 1879 and the County Government Acts: Fraser v. Alexander, 75 Cal. 147." ORPHAN ASYLUMS. Act to provide for appointment of guardians for orphans, See Civil Code, title Infancy. U08 APPENDIX. PILOTS. Consult the following acts: An act to establish pilots and pilot regulations for the port of San Dieiro. [Approved March 26, 1872; 1871-2, p. 650; in effect imme- • diately.] An act to provide for the appointment of pilots, and de- fining their duties and compensation, at the port of Wilmington and bay of San Pedro. [Approved March 19, 1889; Stats. 1889, p. 416; in effect immediately.] POLICE DEPARTMENT. An act to regulate the salaries of certain officers in the police department within municipalities of the first class in the state of California, and to provide for the appointment and salaries of other officers of such departments. [Statute approved March 8, 1897; Stats. 1897, p. 72.] Unconstitutional: Popper v. Broderick, 123 Cal. 456. PUBLIC ADMINISTRATOR. An act to provide for public administrators in certain cases. [Approved March 30, 1872; 1871-2, 796.] The code commissioners say of this act: "Repealed by County Government Act, 1897, 490, sees. 142-147, prescrib- ing the duties of coroner." SAN FRANCISCO. An act providing for the appointment of an additional notary public for the city and county of San Francisco for the accommodation of the inhabitants of said city and county at the Presidio. [Approved April 16, 1880; 1880. 106 (Ban. ed. 345).] This act was superseded by sec. 791, Pol. Code. See next act. I SAN FTIANCISCO— SHERIFFS. !!•« An act authorizing the appointment of a notary public in the city and county of San Francisco, to reside and transact notarial duties at Yerba Buena Island, or Groat Island, in the bay of San Francisco, in addition to the number of notaries now authorized by law for said city and county. [Approved February 13, 1903; Stats. 1903, 26.] The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The governor is hereby authorized and em- powered to appoint and commission one notary public in and for the city and county of San Francisco, to reside and transact his notarial duties at Yerba Buena Island, known as Goat Island, in the bay of San Francisco, in ad- dition to the number of notaries now authorized by law to be appointed in said city and county. Such notary shall be subject to the geueral laws relating to notaries pub- lic. Sec. 2. This act shall take effect immediately. SHERIFFS. An act to authorize the boards of supervisors to furnish the sheriff and deputy sheriffs of their several coun- ties with a suitable badge of oflace. [Approved April 1, 1876; 1875-6, 803.] Sheriff's badges. Section 1. The boards of supervisors of the several counties of this state must furnish to the sheriff, under- sheriffs, and deputy sheriffs, of their respective counties a suitable badge of oflBce, upon which shall be inscribed the words "sheriff" and "deputy sheriff." Sec. 2. This act shall take effect from and after its passage. An act to amend an act entitled "An act to allow com- pensation to sheriffs for conveying prisoners to state prisons and insane persons to the insane asylums," approved March 14, 1885, providing for compensation to sheriffs for service rendered since the fourteenth day of March, eighteen hundred and eighty-five. [Approved March 15, 1889; 1889, 200.] The act of 1885 was entirely amended by this act. 86 1110 APPENDIX. Section 1. An act entitled "An act to allow compensa- tion to sheriffs for conveying prisoners to the state prisons and insane persons to the insane asylums," is hereby amended so as to read as follows: Section 1. There sliall be allowed by the state board of examiners to the sheriff, to be retained by him for his own use, for delivering a prisoner to either of the state prisons, actual expenses, and five dollars per diem for the time necessarily consumed in delivering such prisoner. Sec. 2. There shall be allowed by the state board of examiners to the sheriff, to be retained by him for his own use, for delivering any insane person to either of the insane asylums, his actual expenses, and the same per diem as is allowed in section one of this act. Sec. 3. The sheriff shall be allowed, and is entitled to receive and retain for his own use, the same com- pensation and expenses for all like services mentioned in sections one and two of this act, rendered by him since the fourteenth day of March, eighteen hundred and eighty- five. Sec. 4. This act shall take effect and be in force from and after its passage. STATE. Acts relating to suits against: See Code of Civil Pro- cedure, Appendix, title State. An act authorizing the allowance, settlement, and pay- ment of claims of counties against the state. [Approved March 9, 1893; Stats. 1893, p. 109.] Section 1. On the presentation of the claim of any county of this state, or treasurer thereof, to the state controller for commissions, charges, or fees fixed or di- rected to be allowed by law for the, collection of state taxes, the said commissions, charges, or fees for which claim is made, not having been allowed by the state, and the same having been paid into the state treasury, there- upon the state controller shall, in the next settlement thereafter to be made with the treasurer of the county presenting such claim, allow to be retained out of any moneys then in the hands of such treasurer belonging STATE— STATE ANALTST. H" to the state, the amount of such claim; provided how- ever, that the moneys thus retained shall be paid into the county treasury, and shall be the property of such county. Sec. 2. This act sLall take effect immediately. An act to authorize the payment of claims against the state, which were incurred under an act to promote drainage, approved April 23, 1880, and to appropriate money for their payment. [Approved March 4, 1889; 1889, 55; in effect immediately.] Twenty thousand dollars was appropriated for the pur- pose indicated. STATE ANALYST. An act to provide for analyzing the minerals, mineral waters, and other liquids, and the medicinal plants of the state of California, and of foods and drugs, to prevent the adulteration of the same. [Approved March 9, 1885; Stats. 1885, 43.] Section 1. The governor of the state of California shall appoint one of the professors of the State University of California, of sufficient competence, knowledge, skill, and experience, as state analyst, whose duty it shall be to analyze all articles of food, drugs, medicines, medicinal plants, minerals, and mineral waters, and other liquids or solids which shall be manufactured, sold, or used within this state, when submitted to him, as hereinafter provided. Sec. 2. The state board of health and vital statistics, or medical officers of health of any city, town, or of any city and county, or county, may, at the cost of their re- spective boards or corporations, purchase a sample of any food, drugs, medicines, medicinal plants, mineral waters, or other liquids offered for sale in any town, village, or city in this state, and submit the same to the state analyst as hereinafter provided; and said analyst shall, upon receiving such article duly submitted to him, forthwith analyze the same, and give a certified certificate to the secretary of the state board of health submitting the same, wherein he shall fully specify the result of the analysis; 1112 APPENDIX. and the certificate of the state analyst shall be held in all the courts of this state as prima facie evidence of the properties of the articles analyzed by Mm. Sec. 3. Any person desiring an analysis of any food, drug, medicine, medicinal plant, soil, mineral water, or other liquid, shall submit the same to the secretary of the state board of health, together with a written state- ment of the circumstances under which he procured the article to be analyzed, which statement must, if required by him, be verified by oath, and it shall be the duty ol the secretary of the state board of health to transmit the same to the state analyst, the expenses thereof to be de- frayed by the said board. Sec. 4. The state analyst shall report to the state board of health the number of all the articles analyzed, and shall specify the results thereof, to said board annually, with full statement of all the articles analyzed, and by whom submitted. Sec. 5. The state board of health may submit to the state analyst any samples of food, drugs, medicines, medicinal plants, mineral waters, or other liquids, for analysis, as hereinbefore provided. Sec. 6. It shall be competent for the mineralogist of the state of California to submit to the state analyst any minerals of which he desires an analysis to be made; pro- vided, that the cost of the same shall be defrayed by the mineralogical bureau. Sec. 7. The board of state viticultural commissioners shall "have the same privileges as are provided for the state board of health under this act with respect to sam- ples of wines and grape spirits, and of all liquids and com- pounds in imitation thereof, and any person or persons desiring analyses of such products shall submit the same to the secretary of the said board of state viticultural commissioners, and the same shall be transmitted to the state analyst, in the manner prescribed in section three of this act. The analyses shall be made, and the cer- tificates of the state analyst shall be forwarded to the secretary of the said board of state viticultural commis- sioners, and shall have the same force and effect as pro- vided for in section two of this act, with respect to analyses made for the state board of health. SUPERVISORS--SURVEYOR-GENERAL. 1113 SUPERVISORS. An act to authorize the boards of supervisors of the several counties of this state to transfer certain funds. [Approved April 23, 1880; 1880, 133 (Ban. ed. 399).] Superseded by subd. 18 sec. 25, 1897, 463, County Gov- ernment Act. SUPREME COURT REPORTERS. An act to provide for the appointment of a deputy su- preme court reporter, and to regulate his compensa- tion. [Approved February 26, 1881; Stats. 1881, 9; in effect im- mediately.] The nature of the act appears from the title. SURVEYOR-GENERAL. An act making an appropriation for the payment of an indebtedness created or to be incurred by the sur- veyor-general, in transcribing records and plat books in his office. [Approved February 27, 1893; Stats. 1893, p. 43; in effect immediately.] Fifteen hundred dollars was appropriated for the pur- pose indicated. An act authorizing the state surveyor-general to furnish his office and vault therein, and making an appropria- tion therefor, [Approved March 20, 1903; Stats. 1903, 252. J The people of the state of California, represented in senate and assembly, do enact as follows: Section 1. The state surveyor-general is hereby au- thorized to furnish his office in the state capitol with modern metallic filing and book cases; to furnigh the vault in his office with modern metallic fixtures, anj such other furnishings,- fixtures, and repairs in the saic. office and vault therein, as he may deem necessary f.nr the proper transaction of the business of his office ai i the better protection of moneys, books, bonds, vq't, rs, papers and documents committed to his official caf>i^^' 1114 APPENDIX. Sec. 2. There is hereby appropriated out of any money in the state treasury not otherwise appropriated, for the purpose herein authorized, the sum of five thousand dol- lars, or so much thereof as may be necessary. Sec. 3. The state board of examiners shall examine, audit, and allow all demands arising under this act, and the state controller shall thereupon draw his warrant therefor, payable out of the general fund, and the state treasurer is hereby directed to pay the same. Sec. 4. This act shall be exempt from the provisions of an act approved March twenty-third, eighteen hundred and seventy-six, relating to erections and buildings. Sec. 5. This act shall be in force and take effect from and after January first, nineteen hundred and four. TREASURERS. Consult the following acts: An act relating to treasurers, their deputies and clerks, in counties and cities and counties having a population of two hundred thousand inhabitants or over. [Approved March 23, 1893; Stats. 1893, p. 282.] Section 1. In all counties and cities and counties having a population of two hundred thousand inhabitants or over, the treasurer may appoint deputies and clerks as follows: One chief deputy, who shall receive a salary of two hun- dred and fifty ($250) dollars per month; one clerk, who shall receive a salary of one hundred and twenty-five ($125) dollars per month; and two additional deputies, who shall receive a salary of one hundred and seventy- five dollars ($175) per month each. Said salaries shall be audited, allowed, and paid out of the general fund. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Sec. 3. This act shall take effect from and after its pas- sage. Supfjrseded as to San Francisco by the charter of that city. , J) An it authorizing the controller and treasurer to trans- " ^r to the general fund all moneys now in the state ^ainage construction fund, and also, from time to TREASURERS. 1115 time, to transfer to the general fund all moneys tliat may hereafter be paid into the state drainage con- struction fund. [Approved March 31, 1891; Stats. 1891, p. 237; in effect immediately.] An act authorizing the controller and treasurer to trans- fer to the general fund all moneys to the credit of the construction fund of drainage district number one, and also, from time to time, to transfer to the general fund all moneys that may hereafter be paid into said construction fund of drainage district number one. [Approved March 31, 1891; Stats. 1891, p. 279; in effect immediately.] An act authorizing the controller and treasurer to trans- fer to the general fund all moneys now in the election reward fund, the leprosy fund, and interest and sink- ing fund, levee district number five, and abolishing the leprosy fund and interest and sinking fund, levee district number five. [Approved February 23, 1893; Stats. 1893, p. 6; in effect immediately.] An act authorizing governor to transfer funds. [Approved March 20, 1899; Stats. 1899, p. 156; in effect immediately.] An act requiring payment into state treasury of ail moneys belonging to the state. [Approved March 17, 1899; Stats. 1899, p. 110; in effect immediately.] INDEX. ABANDONMENT, highways: See Hif hways, XIX. Toll roads: See Toll Roads. ABSENCE of officers from state, restrictions on, §§ 853, 854. Of military officers, when resignation, § 1928. From militia drills, § 2029. Of county officers, restrictions, § 4120. Officer, absence of from state: See Offices and Officers. ABSTRACT of incumbrances to be furnished to assessor, § 3678. Supervisors to use same, § 3679. ACCESSORY passes by transfer of principal, §§ 1084, 3540. Lien is, § 2909. ACCIDENT INSURANCE COMPANIES, insolvent when, 5 602. Liabilities, what charged as, § 612a. Reserve, § 612a. ACCOUNTS by state officers, § 424. Money of: See Money. Of officers violating statute, withhoMing settlement, § 926. Officers: See Offices and Officers. ACRE defined, § 3213. ACTIONS, attorney-general's duty where state a party § 470. Existing, code does not affect, §§ 8, 18. Taxes, for collection of: See Taxation, IX, § 7. ACTS: See Statutes. ACTUARY, insurance commissioner may employ, § 604. ADJUTANT GENERAL: See National Guard, XIIL General duties of, enumeration of, § 2107. Military instructor of university, cadets to report to, § 1477. Sacramento, to reside and keep offices at, § 852. To issue arms, accoutrements and equipments, etc., to university cadets. § 1475. ADVERTISEMENT, publishing: See Notices. ADVERTISING, newspaper of general circulation, official advertising to be published in, § 4458. Newspaper of general circulation, what is, § 4460. (1117) 1118 ADMINISTRATOR— AGRICULTURAL SOCIETY. ADMINISTRATOR: See Executor and Administrator. ADVERSE POSSESSION, highways: See Highways, III. Public lands, of: See Public Lands, I. AFFIDAVIT, accounts of state officers, § 424. Accounts of officers, what requisite before auditor to allow, § 924. Assessor to subscribe certain, in assessment book, § 3652. Auditor, account of in duplicate assessment book, § 3732. Auditor must verify statement by, § 3735. By tax collector, of publication, etc., of delinquent list, § 3769. By tax collector, as to delinquent taxes, § 3800. Clerk of board of equalization to subscribe certain, in corrected assessment book, § 3682. Of applicant for purchase of swamp land, §§ 3443, 3444, 3445. Of applicant to purchase school land, §§ 3495, 3496, 3500, 3501. Of finder of lost property, § 3136. Petition for formation of reclamation district to be verified by, § 3447. Registration, affidavits used for, to be preserved, § 1103. To be made to assessor, § 1103. AFFIRMATION, oath includes, § 17. AFFRAYS. Jurisdiction o£ police court, § 4426. AGENCY. Appointment of agent, fee for filing, § 416. AGENT of foreign corporation, on whom process may be served, § 616. Land, of university, duty of, § 3534. Person assessed as, how designated, § 3639. State locating, surveyor-general is, § 3398. AGRICULTURAL SOCIETY OF STATE. Directors, law governing appointment and holding of office, § 359. Law governing, § 2326. Number of members composing, § 343. Powers and duties, where prescribed, § 705. President, election and holding of office, law govern- ^ ing, § 359. President of board ex-officio regent of state university, § 353. Report, directors when to make, § 332. Report of directors, how many to be printed, § 334. ALAMEDA COUNTY— ANIMALS. 1119 ALAMEDA COUNTY, act preventing destruction of fish in Lake Merritt, preserved, § 19, subd. 15. Boundaries and county seat of, § 3953. tiegal distance from county seat of to Sacramento, § 151. Salary of county judge, § 4329. . Salary of district attorney, § 4330. Treasurer, when to make settlement with controller and state treasurer, § 3866. ALIENS, military duty, how far subject to, § 1895. Not to be deputies or clerks, § 876 n. ALLEGIANCE, definition of, § 55. May be renounced by change of residence, § 56. ALPINE COUNTY, boundaries and county seat, § 3931. Legal distance from county seat of to Sacramento. § 152. Salary of county judge, § 4329. Salary of district attorney, § 4330. AMADOR COUNTY, boundaries and county seat, § 3930. Declared a county of third class, § 4022. Legal distance from county seat of to Sacramento, § 153. Salary of county judge, § 4329. Salary of district attorney, § 4330. Treasurer, when to make settlement with controller and state treasurer, § 3866. AMBASSADORS exempt from immigration laws, § 2963. AMENDMENTS. Section of act repealed, amendment of void, § 330. Statute, effect of amendment of, § 325. ANALYST. State, appointment, powers and duties, p. 1111, Stats. ANIMALS. Acts concerning estrays continued in force, § 19. Act concerning marks and brands in Siskiyou County continued in force. § 19. Act concerning oysters continued in force, § 19. Act concerning trespassing animals continued in force, § 19. Act for importation and protection of game birds, p. 1092. Act relating to judges of the plains continued in force, § 19. 1120 ANIMALS— ARMS. Acts relating to rodeos continued in force, § 19. Act to prevent cruelty to animals continued in force, § 19. Act to prevent destruction of fish and game in and near Lake Merritt continued in force, § 19. Act to prevent destruction of fish in Bolinas Bay con- tinued in force, § 19. Act to prevent destruction of fish in Napa River con- tinued in force, § 19. Act to prevent destruction of fish in Sonoma Creek continued in force, § 19. Act to regulate salmon fisheries in Humboldt con- tinued in force, § 19. Fish commissioners: See Fish Commissioners. Game birds, act for importation and protection of, p. 1092. Hides of slaughtered cattle to be kept fifteen 'days, § 3185. Killing of stock at large with ov/ner, duty of person knowing of, § 3184. License where animals kept for propagation, § 3385. Marks and brands: See Marks and Brands. Seller to counterbrand or give written descriptive bill of sale, § 3182. Stockraisers in certain counties, act to protect con- tinued in force, § 19. APPEALS from petition of board of examiners, § 671. APPOINTMENT of officers, acts in relation to, preserved, § 19. Of officers: See Offices and OflBcers. APPORTIONMENT of school moneys, where new districts are made, § 1583. Of state and county school fund, §§ 1858, 1860. Of rolling stock of railroads, for assessment purposes, § 3664. Of students of university, § 1394. APPROPRIATION, action on claims for which has been made, §§ 600-662. Action on claims for which has not been made, §§ 663- 667. Appropriation bill, approving in part and rejecting in part, § 310. ARMS: See National Guard, XXVI. Governor may issue to colleges, § 380. To be issued to university cadets, § 1475. ARMY AND NAVY— ASSOCIATIONS. 1121 ARMY AND NAVY. Insane soldiers and sailors, admis- sion to asylums, § 2185a. Soldiers, sailors and marines exempt from license tax, § 3366. ARREST, duty of pilots to, § 2459. Escape or rescue, no action for after return or re- capture, § 4184. Exemption from of persons on military duty, § 2093. Liability of sheriff permitting escape, § 4182. Of defaulting witness, by order of senate or assembly, § 303. Privilege of elector from, § 1069. Privilege of members of militia from, § 2021. Rescue of person arrested, liability of sheriff, § 4183. ARTICLES OF INCORPORATION, fees of insurance com- missioner for filing § 605. Secretary of state to record, § 408. ARTILLERY: See National Guard, ASSAULT AND BATTERY. Jurisdiction of police court, § 4426. ASSEMBLY: See Legislature. ASSESSMENT: See Taxation, IIL ASSESSOR: See Taxation. Bond of. § 4122. City, § 4371. City, bond of, § 4374. City, duties of, § 4390. City, manner of ascertaining values and collecting taxes, § 4390. County officer, is, § 4103. Duties of, generally, § 4300. Election, time of, § 4109. Fee for collecting poll tax, § 1857. Oaths, may administer, § 4118. Powers and duties of: See Taxation, X-1. Surety, cannot act as, § 955. Term of office, § 4109. ASSIGNEES, bonds of and who may sue on, § 982. ASSIGNMENT by delinquent purchaser of state land, § 3552. Of trademarks, § 3199. ASSOCIATIONS: See Investment Companies. Co-operative, fees for filing articles, § 416. Pol. Code — 71 1122 ATTACHMENTS— ATTORNEY-GENERAL. ATTACHMENTS, fact of issuing not to be made public, § 1032. ATTORNEY: See Special Counsel. Admission of and duties, where prescribed, § 831. City, bond of. § 4374. City, duties of § 4391. What officers cannot practice law or have law partner, § 4121. ATTORNEY-GENERAL, actions against members of Na- tional Guard, to defend, § 1922. Actions against state treasurer for taxes, to defend, § 3669. A civil executive officer, § 343. Actions for dissolution of reclamation districts, § 3493. Action where state a party, duty of, § 470. Actions, acts allowing to settle and dismiss certain, p. 1041. Assistant, may appoint, § 472. Assistant, member of board of examiners in absence of, § 472. Assistant, salary of, § 472. Attendance of on proceeding to quiet land titles, § 3413. Attending proceedings to quiet title, expenses of, § 3413. Bond of, § 473. Clerks of. § 475. Clerks, salaries of and how paid, § 475. Clerks, three, appointment of, § 475. Costs and expenses how paid, § 470. Deputies, salaries of, § 472. Deputies, salaries of, how paid, § 472. Deputies, three, may appoint, § 472. Election, mode of, prescribed by constitution, § 348. Escheais, powers and duties in relation to, § 474. Escheat, special counsel, employment, powers and compensation § 474. General duties of, enumeration of, § 470. Governor may direct to appear and employ extra coun- sel, § 380. Governor may direct to inquire into conduct of cor- porations, § 380. Harbor commissioners, not attorney for, § 472. Harbor commissioners of San Francisco, to advise and assist without cost. § 2553. Has charge of legal matters for state, with certain ex- ' ceptions, § 472. ATTORNEY-GENERAL— AUCTIONEERS. 1123 Investment companies, duties in relation to: See In- vestment Companies. Military auditors, is member of board of, § 470. Phonographic reporter, may appoint, § 475. Phonographic reporter, compensation and how paid, § 475. Proceedings by, where insurance company fails to make up assets, § 601. Eeport to governor, duty to make, § 470. Report to governor, when to make, § 332. Report, number of copies of, § 334. Sacramento, to reside and keep offices at, § 852. Salary of, § 471. Salary, none as member of board of examiners, § 471. San Diego harbor commission, to advise and assist without charge, § 2608. Special counsel, appointing on disqualification of dis- trict attorney, § 472. Special counsel, limitation on power to appoint, § 472. State university, not attorney for, § 472. State board of examiners, member of, § 364. To conduct action against insurance companies, § 601. Vacancy in, how filled and duration of term, § 1001. AUCTIONEERS, bond of, § 3285. Bond, who may sue on, § 3324. Business in more than one place, § 3290, Classification and licenses, § 3376. Commissions, limitation on amount of, § 3309. Crier, may employ, § 3292. How one becomes § 3284. License issued for how long, § 3289. License not required for sale of what goods, § 3286. License not transferable. § 3290. License, original application for, statement of sales, § 3287. License, original application, how classified, § 3287. License, place of, more than one place of business, §§ 3290, 3302, 3303. License, renewal, statement of receipts, § 3288. Penalties how recoverable, §§ 3323, 3324. Place of business, to designate, § 3302. Report, neglect to make, or false report, forfeiture, § 3322. Report quarterly to auditor, § 3310. Sale.-3, books of, § 3306. Sales, false report or failure to make report, forfeiture, § 3322. 1124 AUCTIONEERS— AUDITOR. Sales in Sacramento, to be in day-time except in cer- tain cases, § 3308. Sales in San Francisco, to be in day-time except In certain cases, § 3308. Sales, notice of, in San Francisco, § 3307. Sales, not to exceed amount for which license issued, § 3289. Sale of livestock, record of to be kept, § 3305. Sale of livestock, record of, open to inspection, § 3305. Sales, penalties, how recoverable, §§ 3323, 3324. Sales, place of supervisors may designate, § 3304. Sales, quarterly report to auditor, § 3310. Sales, to be had at designated places of business, § 3303. Sheriff is ex-officio where there is no auctioneer, § 3291. Substitute, § 3292. Who may become, § 3284. AUDITOR. Accounts of persons owing money to county to be examined and settled, § 4217. Affidavit by, where filed, § 4116. Affidavits required of officer before drawing warrant, § 4116. Affidavit, what requisite before allowing accounts of officers, § 924. Bonds of. § 4122. Consolidating offices of county clerk, auditor and re- corder, § 4106. Consolidating offices of recorder and auditor, § 4106. • County clerk is ex-officio auditor in what counties, § 4105. County officer, is. § 4103. Duty as to moneys required for patients in home for feeble-minded, § 2193. Duty where supervisors fail to levy school tax, § 1819. License, duty in relation to: See Licenses. Military: See National Guard, XXXV. Oaths, may administer, § 4118. Office hours, § 4116. Office to be kept at county seat, § 4116. Quarterly statements concerning revenue, § 4223. Reside at county seat, § 4119. Statement to controller, penalty for failure to forward to, § 3694. Statement to state board of equalization, penalty for not forwarding, § 3694. Surety, cannot act as, § 955. AUDITOR— BEACON. U25 Taxes, powers and duties in relation to: See Taxation, X, § 3. Treasurer, accounts with, to be kept, § 4218. Treasurer, boolts of to be examined, when, § 4220. Treasurer, receipts for moneys deposited with to be filed, § 4218. Treasurer to be charged where receipt given auditor, § 4218. Treasury, auditor and superior judge counting cash in and making statements, § 4221. Treasury, statements as to cash in, filing and posting, § 4222. Warrants, form of, § 4219. Warrants to be numbered consecutively and regis- tered, § 4219. Warrants to be drawn for what debts and demands, § 4215. Warrants, what to specify, § 4216. AUDITORS, MILITARY: See National Guard, XXXV. AUTHORITY, words giving joint, how construed, § 15. Joint, words giving, majority may act, § 15. AUTOPSIES, who to perform in San Francisco, § 3025. BADGES for sheriffs and deputies, § 4192. BAILIFF OF SUPREME COURT, salary, § 739. Appointment, powers, and duties, § 828. BAILMENTS, unclaimed property. §§ 3152-3157. See Unclaimed Property. BALLOTS: See Elections, VI. BALLOT BOXES: See Elections, VII. BANDS, MILITARY: See National Guard, XXV. BANKRUPTCY. Insolvent act continued in force, § 19. BANKRUPTCY AND INSOLVENCY. Insurance com- panies, when insolvent, § 602. BANKS AND BANKERS. License of bankers, § 3379. BARREL defined, § 3217. BATTALIONS: See National Guard, XVII. BATTERIES: See National Guard, XXII. BAWDY-HOUSE, Chinese, act for suppression of, pre- served, § 19. BEACON, sites for submarine, § 34. 1126 BENEVOLENT SOCIETIES— BOARD OF EXAMINERS. BENEVOLENT SOCIETIES, members may wear swords, § 1942. BENICIA, pilots for: See Pilots. Pilot commissioners: See Pilot Commissioners. BILLIARD TABLES, license for keeping, § 3380, subd. 1. BILLS: See Legislature. BILLS AND NOTES. Irotest of notary is prima facie evidence, § 795. BINDING: See Schools, XXI. BIRTHS, fees for recording, § 3078. Penalty for disobeying statutory requirements as to, § 3082. Recorder to keep book for recording, § 4235. Recorder to keep index to register of, § 4236. Recorder to send abstract quarterly to registrar, § 3078. Record of in San Francisco, §§ 3023, 3024. Register, copy to be filed quarterly with recorder, § 3077. Register, duty of recorders, § 3078. Register, printing and distributing blank forms of, § 3080. Register, what to show, § 3077. Registration: See Registration. Registry to be kept by physicians and mldwives, § 3077. Report, parents to make if no physician or midwife, § 3077. BLANKS, certain, to be furnished assessor, § 3630. Certain, to be prepared by surveyor-general, § 3429. Election, by whom furnished, § 1073. Poll tax receipts, §§ 3841-3845. To be furnished by insurance commissioners, § 615. BOARD OF EDUCATION: See Schools, IV. BOARD OF ELECTION COMMISSIONERS: See Elec- tions, II. BOARD OF EQUALIZATION, state: See Taxation. BOARD OF EXAMINATION: See Schools, VIII. BOARD OF EXAMINERS, assistant attorney-general mem- ber of in absence of attorney-general, § 3472. Assistant to secretary a civil executive oflScer, § 684. As.sistant to secretary, governor may appoint, § 684. Assistant to secretary, salary of and how paid, § 684. Attorney-general is a member of, § 470. BOARD OP EXAMINERS. 1127 Chairman of, governor is, § 654. Chairman, secretary of state is in absence of governor, § 654. Claim, action on and postponement of, § 660. Claims allowed by military auditors exempted from, § 2098. Claim, approval of, proceedings on, § 661. Claim, controller not to draw warrant unless approved, § 672. Claim, dating and filing, § 660. Claim, disapproval of, appeal, proceedings on, § 671. Claim, disapproval of, appeal to legislature, § 671. Claim, disapproval of, preceedings on, § 662. Claim in which member of board interested, disquali- fication, § 668. Claims not provided for, hearing, examining and re- porting on, § 666. Claim not provided for, listing, abstracting and pub- lishing, § 665. Claim not provided for, presentation, § 664. Claims not provided for, publishing of, §§ 666, 667. Claims not provided for, report and recommendation on, §§ 666, 667. Claims not provided for, time of action on, § 665. Claim, presentation of, § 660. Claim rejected not to be considered, § 670. Claims to be entered on minutes, § 656. Claim upon contingent funds of legislature, § 673. Claim where no appropriation or appropriation ex- hausted, § 663. Clerks for secretary are civil executive officers, § 685. Clerks for secretary, may appoint four, § 685. Clerks, salaries and how payable, § 685. Consists of whom, § 364. Controller must permit examination of books and papers, § 678. Depositions, members may take, § 659. Disqualification of member for interest, § 668. Disqualification of member, state treasurer to act, § 669. Dissent of member may be entered on record, § 656. Duties, act prescribing certain, p. 1103. Examining books and accounts of controller and treas- urer, § 675. Geologist, state, accounts of to be audited by, § 553. 1128 BOARD OF EXAMINERS— BONDS. Investment of funds from sale of school lands, § 680. Investments, bonds, deposit with and duty of treas- urer, § 682. Meetings, when and where held, § 655. Members of are members of state commission in lunacy, § 2136. National Guard, claims in favor of, exempt from, § 2085. Notice to be given to when bonds ready to be sold, § 681. Old furniture and materials, may sell, p. 1041, stats. Preventing payment of controller's warrants, § 674. Printing expert, appointment, duties and salary, § 679. Record of proceedings, to keep, § 656. Rules and regulations, power to adopt, § 657. Sale of bonds by treasurer, may purchase at, § 683. Secretary, assistant to, salary of, § 684. Secretary, clerk for, may appoint, § 685. Secretary, clerk for, salary of and how payable, § 685. Secretary, governor may appoint assistant to, § 684. Secretary, governor to appoint, § 654. Secretary holds at pleasure of governor, § 654. Secretary is ex-oflBcio member, § 364. Secretary, when to act as member of, § 364. Secretary, powers and duties of, § 654. Secretary, salary of, § 654. State printer to certify claims, § 526. Subpoenas, chairman may issue, § 658. Supplies for officers and legislators, to provide, p. 1041, Stats. Treasurer must permit examination of books and papers, § 678. Treasury, afiidavit as to money in, publishing, § 677. Treasury, time and manner of counting money in, § 676. Who constitute, § 364. Witnesses, allowances to, § 658. Witnesses, chairman may cause attendance of, § 658. BOARD OF HEALTH: See Health. BOARD OF MILITARY AUDITORS: See National Guard, XXXV. BOLINAS BAY. Act to prevent destruction of fish In Bolinas Bay continued in force. § 19. BONDS: See Investment Companies. Adjutant general, § 1924. Amount, supervisors fix where not fixed by law, § 4123. BONDS. 112U Certified copies of, fees for, § 957. County: See Supervisors. Certified copies of, giving of, § 957. Custody of, duty of officer who has, § 957. Dissection, bond before surrendering body for, § 3095. Investments in by board of examiners. §§ 681, 682. Military property, to secure: See National Guard, IX. Officers, premium, payment by county, city or state, p. 1041, Stats. Official, fees for receiving and recording, § 416. Official, secretary of state, duty in regard to, § 408. School: See Schools, XXVI. State, acts for issuing of, continued in force, § 19. State, sale of, board to examiners may purchase at, § 683. Notice to be given to board of examiners and state treasurer when ready to be sold, § 681. Form of; conditions. Condition of, § 954. Form, defects in, effect of, § 963. Form of, § 958. Forms of bonds of trustees, assignees, receivers, etc., § 982. Harbor commission, bonds of officers to run to people of state, § 2546, Harbor commission of San Diego, of officers and em- ployees to run to people, § 2599. Signing, filing and recording. Filed, bond not to be until approval, § 953. Filing and recording of bonds of deaf, dumb and blind asylum, § 2244. Filed, bond not to be filed until approval, § 953. Filing, county clerk, bond to be filed with county treas- urer, § 986. Filing, defects in, effect of, § 963. Filing of bonds of county officers, § 950. Filing of bonds of state officers, § 948. Filing of bonds of township officers, § 950. Filing, refusal or neglect to file, office becomes vacant, § 996. Filing, secretary of state, to be filed with treasurer, § 949. Filing, time of, § 947. Recording of bonds of state officers, § 948. 30 BONDS. Recording of bonds of township officers, § 950. Recording of official bonds in official record, § 951. Signed, to be, by principal and two sureties, § 954. Approval of. Bonds of county officers to be approved by superior judge, § 950. Bonds of state officers to be approved by governor, § 948. Bonds of township officers to be approved by superior judge, § 950. Bonds of officers of deaf, dumb and blind asylum, § 2244. Defects in approval, effect of, § 963. To be indorsed on and signed, § 952. New, additional and supplemental. Additional, § 4374. Additional, does not discharge or affect original, §§ 966, 967. Additional, effect of and liabilities under, § 965. Additional, failure to give, vacation of office, § 964. Additional, filing, approval, etc., § 965. Additional, form of, § 965. Additional security on insufficiency of sureties, § 964. Additional, separate judgments, but one satisfaction, § 968. Additional, separate judgments on bonds, separate ex- ecutions may issue, § 968. New, effect on sureties of old bond, § 970. New, liability of sureties on, § 970. New, office declared vacant unless given when sureties released, § 975. New, publication of filing of, § 979. New, to be filed where surety released, § 975. Supplemental bond, on withdrawal, release or dis- charge of surety, § 978. Supplemental, execution and approval of, § 976. Supplemental, insufficiency of surety, §§ 976, 978. Supplemental, publication of filing of, § 979. Supplemental, when may be given, § 976. Supplemental, when not required on withdrawal, re- lease or discharge of surety, § 979. Sureties on. Release, discharge or withdrawal or, supplemental bond, §§ 976, 978. BONDS. 1131 Release of, how accomplished, §§ 972-974. Release of, office declared vacant unless new bond filed, § 975. Sureties on: See Suretyship. Breach of; actions on. Actions, judgment in no bar to subsequent suits, § 962. Actions lie on both original and additional bonds, § 967. Actions on, certifying notice of to recorders, § 983. Actions on, judgment a lien on realty, § 984. Action on, jurisdiction of police court over, § 4427. Action on, lien of, enforcement of contract to sell land affected by. § 987. Actions on, record of notice of action, § 984. Actions on, separate judgments, but one satisfaction, § 968. Actions on, separate judgments, separate executions may issue, § 968. Actions on, who may sue on, § 961. Actions on, who may sue on bonds of assignees, trus- tees, receivers, etc., § 982. Actions, successive may be brought on, § 962. Breaches of, what constitute, §§ 959, 960. Civil penalty for non-performance of duty attaches to bond, § 4117. Obligations as to duties required by new statutes, § 960. Who may sue on, § 961. Who may sue on bonds of assignees, trustees, receiv- ers, etc., § 982. Refunding bonds. Bond fund, § 4050. Custody, disposal and account, § 4049. Duty of supervisors and treasurers, § 4049. Form of, § 4048. Redemption of, § 4051. Refunding city indebtedness: See Public Debt. Tax levy to meet, § 4050. Tax to pay bonds to refund county indebtedness, pro- ceedings on failure to levy, § 4052. Particular officers, persons or companies. Actions on: See Actions on, ante. Adjutant-general, § 2116. Assessor, § 4122. Assessor, city, § 4374. U32 BONDS. Assignees, bonds of, form of, and who may sue on, § 982. Attorney-general, § 473. Auctioneers, § 3285. Auctioneers, who may sue on, § 3324. Auditors, § 4122. Breach of and actions on: See ante. Breach of; Actions on. City attorney, § 4374. City clerk, § 4374. City officers, § 4374. Clerk, bond may be required of, § 985. Clerk of supreme court, § 757. Claimant of wrecked property, §§ 2409, 2410. Contractor for publication of supreme court reports. § 780. Contractor for road work, § 2768. Controller, § 442. Coroners, § 4122. County clerks, § 4122. Deaf, dumb and blind asylum, approval, filing and recording of bonds of officers, § 2244. Deputy, bond may be required of, § 985. District attorneys, § 4122. Executors and administrators, bonds of, provisions re- lating to, § 981. Ferry company, §§ 2845, 2849, 2850. Fire department, bond of, secretary of, § 3340. Foreign insurance companies, § 623. Foreign insurance company, separate bonds for each company represented, § 624. Form of: See ante. Form of. Guardians, bonds of, provisions relating to, § 981. Harbor commissioners, § 2521. Harbor commissioners, bonds of officers of, §§ 2522, 2577. Harbor commissioners of San Diego, § 2576. Health officer of San Francisco, § 3030. Immigration commissioner, bonds to, to protect state, §§ 2954, 2956, 2957, 2958, 2960, 2964, 2965. Immigration commissioner in San Francisco, § 2968. Inspector of gas meters, of, 584. Insurance commissioner, § 632. Marshal, § 4374. Notaries, § 799. Officers in National Guard, §§ 1965, 1966. BONDS— BOUNDARIES. 1133 Petition to lay out, alter or discontinue highway, bond on, § 2683. Pilots of, § 2431. Principal teacher in deaf, dumb and blind asylum, § 2270. Public administrator, § 4122. Receivers, bonds of, form of and who may sue on, § 982. Receivers, bonds of, provisions relating to, § 981. Recorders, § 4122. Register of land office, § 502. School superintendent, § 4122. Secretary of State, § 423. Sheriffs, § 4122. State librarian, § 2304. State printer, § 530. Superintendent of public instruction, § 517. Supervisors, § 4122. Surveyor, § 4122, Surveyor-general, of, § 487. Tax collector, city, § 4374. Tax collector, county, § 4122. Toll bridge company, §§ 2845, 2849, 2850. Treasurer, city, § 4374. Treasurer, county, § 4122. Treasurer, state, § 459. Treasurer of deaf, dumb and blind asylum, § 2282. Trustees, bonds of, form of and who may sue on, § 982. Vacancy, bond of officer appointed to fill, § 971. BOOKS. Officers: See Offices and Officers. Of particular officers: See Particular Officer. School: See Schools. Supervisors: See Supervisors. Text: See Schools, XIX. BOOTHS: See Elections, VIII, § 5. BOUNDARIES. "Along," §§ 3905, 3906. "By," §§ 3905, 3906. • Cities, boundaries, how changed, § 4357. County: See Counties. "Down," § 3906. East, § 3903. Easterly, § 3903. "From," § 3907. "In," § 3907. U34 BOUNDARIES— BRIDGES. Mouth of creek defined, § 3908. North, § 3903. Northerly, § 3903. "On," § 3905. South, § 3903. Southerly, § 3903. "To," §§ 3905, 3906, 3907. "Up," § 3906. West, § 3903. Westerly, § 3903. "With," §§ 3905, 3906, BRANDS: See Marks and Brands. BREACHES OF THE PEACE. Jurisdiction of police court, § 4426. BRIBE. Member of school board, bribery of, § 1879. BRIDGE. Complaints and reports, meetings for hearing, § 2716. Construction and maintenance, expenses of, how paid, § 2711. Construction and repair of, advertisements, notices, proposals and bids, § 2713. Construction and repair generally, of, § 2713. Construction and repair of, crossing district lines, § 2714. Construction and repair, contracts and bonds, § 2713. Construction and repair, failure of overseers to .re- pair after notice, proceedings on, § 2715. Construction and repair, failure of overseer of adjoin- ing district to repair on notice, § 2714. Construction and repair of, where cost exceeds $200, § 2713. Construction and repair of between cities and towns and road districts, § 2714. Construction of between counties, § 2713. Ditches across highways, bridging of, § 2737. Ditches, supervisors may construct public bridges across, § 2737. Expenses of payable out of county general fund, when, § 2712. Expenses of payable out of general road fund, when, § 2712. License for ferry connecting two counties, § 2851. Maintained, by whom, § 2711. Maintained, how, § 2711. Management and control of, who has, § 2711. BRIDGES— CALENDAR. U35 Meetings, annual, for hearing complaints and reports, § 2716. Notice against fast driving on, § 2711. Supervisors' discretionary power as to payment for, § 2712. Tolls, license to take, § 3378. Toll road, manner of constructing bridges by, § 2791. Toll road, power of to construct, § 2791. Willful injury to, a misdemeanor, § 2737. BRIGADES: See National Guard. XVII. BRIGADIER-GENERALS: See National Guard, XII. BROKERS. License, § 3379. BUBONIC PLAGUE. Duty of health officers in relation to to, § 2979a. BUILDINGS, PUBLIC: See Public Buildings. BURIAL: See Cemeteries. Disinterment or removal, permit necessary, § 3027. Permit to bury, certificate for, § 3084. San Francisco, dead bodies, duty of health officer as to interments, § 3025. San Francisco, disinterment, permit necessary, § 3025. San Francisco, permit necessary, § 3025. San Francisco, record of burials in, § 3023. San Francisco, return of names of persons buried in, § 3027. State burying grounds: See State Burying Grounds. BUTTE COUNTY. Boundaries and county seat, § 3922. Fees of district attorney in, p. 1043, Stats. Legal distances from county seat of to Sacramento, § 154. Salary of county judge of, § 4329. Salary of district attorney of, § 4330. BY-LAWS. Reclamation district, of, § 3452. Subsequent purchaser governed by such, § 3469. CADET COMPANIES: See National Guard, XIX. CALAVERAS COUNTY. Boundaries and county seat, § 3936. Legal distance from county Seat of to Sacramento, § 155. Salary of county judge of. § 4329. Salary of district attorney of, § 4330. CALENDAR. Time is computed according to what, § 3255. 1136 CAX-IFORNIA HOME, ETC.— CEMETERIES. CALIFORNIA HOME FOR FEEBLE MINDED CHIL- DREN: See Home for Feeble Minded Children. CALIFORNIA INSTITUTION FOR THE DEAF AND BLIND: See Deaf, Dumb and Blind Asylum. CANCELLATION. Action to compel cancellation of en- tries on great register, § 1109. Names in great register, §§ 1105, llo6. CANDIDATES: See Elections, XVI. CANVASS: See Elections, IX. CAPITOL. Commissioners, powers and duties of, where prescribed, § 697. Commissioners of, state board of, of whom consists, § 366. Executive secretary of governor ex-officio secretary of commissioners, § 386. Porter of building, salary of, § 420. Seat of government is at Sacramento, § 145. Secretary of state is superintendent and has charge of, § 412. Special police, appointment, powers and salaries, § 425. Treasurer is commissioner of state, § 452. Watchmen have power of peace officers, § 421. CARQUINEZ STRAIT, toll bridge not permitted over, § 2872. CARRIERS. Unclaimed property, §§ 3152-3157. See Unclaimed Property. CASUALTY INSURANCE COMPANIES, insolvent when, § 602. Liabilities, what charged as, § 612a. Reserve, § 612a. CAVALRY: See National Guard. CEMETERIES. Burial: See Burials. City cemetery in San Francisco, § 3035. Disinterment or removal, permit necessary, § 3027. Incorporated towns may lay out, § 3107. Inhabitants may purchase or receive as gift lands for, § 3108. Jurisdiction and control over, supervisors may exer- cise, § 3110. Lands dedicated to burial purposes to be used for no other purposes, § 3108. CEMETERIES— CHILDREN. 1137 Lands not exceeding five acres may be purchased or received as, § 3108. (Public, management of, § 3109. Public, under whose control, § 3109. Register of deaths and burials, keeping of, § 3111. Returns of names of persons interred or deposited in, § 3028. Sacramento, regulation of cemeteries in, § 3046. State .burying ground: See State Burying Ground. Superintendents of, to report interments, § 3026. Survey, description and order constituting to be re- corded, § 3107. Title to grounds, §§ 3105, 3108. Unincorporated towns, supervisors of county may lay out, § 3107. What constitutes, § 3106. CENSUS-MARSHALS: See Schools, VII. CERTIFICATE, certain, to be filed in ofiice of insurance commissioner, §§ 607, 608. Of completion of toll road, § 2797. Of election: See Elections, XI. Of election to legislature, evidence of what, § 236. Of exempt firemen, by and to whom issued, §§ 3338, 3339. Of filing oath of notary public, § 800. Of insanity, how made, § 2216. Of proficiency to university students, § x-iOl. Of physicians, on examination of insane, § 2215. Of purchase: See Public Lands, V. Of sale of property for taxes, § 3776. Of sale for taxes to be signed and recorded, § 3777. Of school teachers: See Schools, X. Of secretary of state, where bill becomes law by lapse of time, § 313. Of survey by port-wardens, § 2510. On vetoea legislative bill passed, § 311. CHAIN, defined, § 3212. CHALLENGES: See Elections, VIII, § 8. CHARITIES exhibition, license not required, § 3386. CHARTERS of municipal corporations preserved, § 19. Election for, p. 1043, Stats. CHILDREN, feeble minded: See Home for Feeble-Minded Children. Pol. Code — 72 1138 CHINESE-CLERK. CHINESE: See 111 Fame. Act for suppression of Chinese houses of ill fame continued in force, § 19. 'Military duty, not subject to, § 1895. Products of Chinese labor not to be purchased for public buildings, § 3235. Separate schools for, § 1662. "Voters, cannot be, § xj84. CHURCHES. Exhibition, license not required, § 3386. Taxation, exemption of church property from, § 3611. CHUTES: See Wharves, Chutes and Piers. CIRCUS, license, § 3380. CITIES: See Municipal Corporations. Treasury of: See Treasurer of City. CITIZEN. Allegiance, definition of, § 55. Allegiance may be renounced by change of residence, § 56. Oflfice becomes vacant when incumbent ceases to be of state, § 996. Officers must be citizens, § 841. Of other states, rights and duties,- § 60. People consist of, § 50. Persons who are not, of whom composed, § 57. Staff officers to be citizens of state, § 1919. Who are, § 51. CITY AND COUNTY ATTORNEY, assistants to in certain cities and counties, p. 1042, Stats. CITY ATTORNEY, bond of, § 4374. Duties of, § 4391. CITY CLERK, bond of, § 4374. Common council to choose, § 4405. Duties of, § 4393. CITY OFFICERS: See Offices and Officers. CITY SUPERINTENDENT of schools: See Schools, III. CLAIMS: See Board of Examiners; National Guard, XXXV. Particular claims: See Particular Title. To land, taxation of: See Offices and Officers. CLASSIFICATION of officers: See Offices and Officers. CLERK: See Offices and Officers. City: See City Clerk. CLERK— CODES. 113S County: See County Clerk. Of supreme court: See Clerk of Supreme Court. Holds at pleasure unless otherwise provided, § 371. Particular clerk: See Particular Title. Taxation, powers and duties in relation to: See Taxa- tion, X-6. CLERK OF COUNTY: See County Clerk. CLERK OF SUPREME COURT, bond of, § 757. Chief deputy, appointment and duties, § 751. Deputies, appointment and number, § 751. Duties of, § 750. Election, time of, § 749. Fees of, § 752. Fees of, account to be rendered monthly, § 754. Fees of, how disposed of, § 753. Fees, responsibility for, § 754. Fees, salary withheld until account settled, § 754. Fees, settlements for, when and how made, § 754. Salary of, § 755. Salary of chief deputy, § 756. Salary of deputies, § 756. Saci'amento, to reside and keep offices at, § 852. Stenographer, may employ, § l^V/z- Stenographer, salary of, § 7511^. Term o. office, § 749. Vacancy in, how filled and duration of term, § 1001. COACH ESj hackney, regulations concerning, § 2937. CODES. Actions, certain, not affected by, § 8. Acts relating to fees and salaries continued in force, § 4331. Construction, conflict between articles, which to pre- vail, § 4483. Construction, conflict between provisions of chapters of same title, which to prevail, § 4482. Construction, conflict between provisions of different titles, which to prevail, § 4481. Costruction, conflicting provisions of same article or chapter, which to prevail, § 4484. Construction of with relation to each other, § 4480. Consti'uction with relation to laws passed at same session, §§ 4478, 4479. Construction where derogating from common law, § 4. IHO CODES— COLORS. Construed as continuations of existing statutes, when, § 5. Construed as if passed on first day of session, § 4478. Construed liberally, § 4. Division of, § 2. Effect of on offices, §§ 6, 7. Effect of on statutes relating to taxation: See Taxation, II. Establishes law respecting subjects to which it relates, § 4. How designated or cited, § 20. Laws passed at same session prevail over, § 4479. Limitations, effect of code, § 9. Not rertoactive, § 3. Offices, certain, abolished by, § 7. Offices, certain, not affected, § 6. Political Code, act establishing, § 1. Publication of, manner of, § 4494. Repeal, express repeal of statutes to be provided for in separate statute, § 4505. Repeal of repealed statute not to imply they were in force, § 4504. Repeal, statute providing for repeal in prior statutes, effect of, § 4505. Rights accrued not affected by, §§8, 18. Statutes continued in force, enumeration of, § 19. Statutes, effect of code on, § 18. Statutes, existing, effect of code on, § 5. Statute, private, does not affect, § 18. Statutes, repeal by code does not remove former law, § 18. Title of, § 1. When takes effect with respect to acts passed at same session, § 3891. When took effect. § 2. CODICIL, will includes, § 17. COLLECTION, taxation, of: See Taxation, IX. COLLEGES: See University of California. Arms and accoutrements for, governor may issue for, § 380. Distribution of state reports to, § 2295. COLORS, military: See National Guard, XXVII. COLUSA COUNTY— COMMON COUNCIL. U41 COLUSA COUNTY, boundaries and county seat, § 3916. Legal distance from county seat of to Sacramento. § 156. Salary of county judge of, § 4329. Salary of district attorney of, § 4330. COMMANDER-IN-CHIEF: See National Guard, X. COMMISSARY-GENERAL: See National Guard, XIIL COMMISSION, fees, for, § 416. Form of, issued by governor, § 892. Of deputies, assistants, etc., § 894. Governor commissions what officers, § 891. Other than those issued by governor, § 893. To be issued by governor, § 1291. To military officers, §§ 2061-2063. COMMISSIONER OF DEEDS, appointment of, § 811, Copy of article governing to be transmitted to, § 817. Effect of acts done by, § 813. Fees of, § 815. General powers of, § 812. Names of, publication of, § 816. Oaths, when to be ffled, § 814. Term of office, § 811. COMMISSIONERS. Election: See Elections, II. Particular: See Particular Office. COMMISSION MERCHANT making advances may sell property when. § 3156. Unclaimed property, § 3153. COMMISSIONS: See Elections, XI. Of officers: See Offices and Officers. Voting machine, commissions on, p. 1068, Stats. COMMITMENT to insane asylums: See Insane Asylums, XII. COMMITTEES: See Legislature. COMMON CARRIER. Driver, intoxicated, duty to dis- charge, § 2933. Driver, negligence of, liability of owner for, § 2936. Driver to fasten horses while standing, § 2934. Unclaimed property, § 3153. COMMON COUNCIL. Act establishing to fix number to be elected first year, § 4366. 37 1142 COMMON COUNCIL—CONGRESS. Authority to lay gas and water mains, granting, §§ 4410, 4411, 4413, City indebtedness, refunding of: See Public Debt. Clerk, to choose, § 4405. Contracts for gas and water, § 4412. Elective officers of city, § 4370, Judge of qualifications, election and returns of mem- bers and officers, § 4407. Legislative powers of city vested in, § 4355. Limitation upon amount of taxes that may be levied, § 4371. Mayor is president of, §§ 4388, 4403. Meetings of, § 4405. Meetings, attendance at, how enforced, § 4406. Meetings, minority may adjourn from day to day, § 4406. Meetings, quorum, § 4406. Number of, §§ 4370, 4403, One member from each ward, § 4403. Organization of after election, § 4405. Powers and duties of, enumerated, §§ 4407, 4412. Qualifications, § 4370. Qualify, how, § 4370, Street improvements, making of, § 4409. Term of office, § 4370. To provide for election, appointment and terms of officers, § 4369. Wards, may change, § 4404, Wards, may divide city into, § 4404, Wards, members to be elected from, § 4404. COMMON LAW, code derogating from liberally con- strued, § 4. Effect of statute relating to insane asylums on, § 2198. Rule of decision, § 4468. COMPANIES: See National Guard, XVIII, XIX. COMPENSATION: See Salaries. COMPLAINT by employee of street car working over twelve hours, form of, § 3248. CONDITION. Bonds, condition of, § 954. CONGRESS, election of representatives in: See Elections. Contest of election, preservation, production and In- spection of ballots, § 1265. CONSOLIDATION— CONTRACTS. 11« CONSOLIDATION of cities, acts concerning, preserved, § 19. Of offices: See Offices and Officers. CONSTABLES are township officers, § 4104. Act legalizing acts of between certain dates, p. 1042. Compensation and expenses of, what a county charge, § 4344. Fire, authority to order out persons to extinguish, § 3345. Governed by what law, § 4315. Law, cannot have partner practicing, § 4121. Law, cannot practice, § 4121. To attend justices' courts, § 4314. CONSTITUTION. Amendments, how printed on ballot, § 1197. Amendments, printing and distributing constitutional, § 1195. Enrolled copy of, Secretary of State has custody of, § 407. CONSTRUCTION. Definitions: See Definition. Codes: See Codes. Statutes, construction of, § 326. Words and phrases: See Words and Phrases. CONSULS exempt from immigration laws, § 2963. CONTEMPT. Legislature may punish witness disobey- ing subpoena, § 302. Supervisors may punish for, § 4047. CONTEST of election: See Elections, XIIL Land: See Public Lands, VIL Of office, clerk to certify pendency of action to treas- urer, § 937. Salary of officer where office contested, §§ 936, 937. CONTRA COSTA COUNTY, boundaries and county seat § 3954. Legal distance from county seat of to Sacramento, § 157. Salary of county judge of, § 4329. Salary of district attorney, § 4330. CONTRACTS by supervisors to be made to lowest -bidder § 4047. nu CONTRACTS-CONTROLLER. Construction of, with reference to weights and meas- ures, § 3222. Holiday, day of performance falling on, performance on next day, § 13. Material on public buildings to be furnished by, § 3234. Officers interested in, Avoidable, § 922. Officers not to be interested in, § 920. Particular contracts: See Particular Subject. Public, preference given to goods of local manufac- ture, § 3247. School: See Schools, XXI. Supreme court reports, contract for printing, §§ 778- 782. CONTRIBUTION. Sureties, contribution between, § 956. Sureties on original and additional bonds, contribution between, § 969. CONTROLLER. Action for delinquent taxes, § 3670. Annual estimate for school expenses, § 443. Appointees and employees of, § 439. Auditor failing to forward statement to, penalty, § 3694. Auditors: statements of, to be filed with, § 3737. Board of examiners may examine accounts and books of, § 675. Board of examiners may prevent payment of war- rants by, § 674. Board of examiners, to permit examination of books and papers by, § 678. Bond of, § 442. Bookkeeper for, salary of, § 440. Claims allowed by military auditors, duties as to, § 2097. Certificate of settlement of account, what to show, § 434. Civil executive officers, deputies and employees are, § 439. Clerk, extra, act allowing repealed, p. 1042, Stats. Clerk of supervisors to notify of rate of taxation, § 3667. Clerks, salary of, § 440. Deputy, salary of, § 440. Duties, act prescribing certain, p. 1103. CONTROLLER. l"» Duty when books not returned to state library, §§ 2297, 2298. Expert, salary of, § 440. Exper* to, p. 1042, Stats. Extra counsel, allowance of, § 3880. Funds, act authorizing transfer of, by, pp. 1114, 1115. General duties, enumeration of, § 433. Immigration commissioner, duty to audit salary and expenses of, § 2969. Member of state board of equalization, § 352. Mode of election of prescribed by constitution, § 348. National Guard, duty in regard to pay and allowances to, § 2084. Not to draw warrant unless claim approved by board of examiners, § 672. Orders on by trustees of normal schools, how drawn and paid, § 1507. Porter, -ay appoint, § ^il. Porter, salary of and how paid, § 441. Proceedings against defaulters, § 437. Prohibited from purchasing scrip or any city or coun- try indebtedness, § 923. Report of, time of printing, § 334. Report to governor to contain synopsis of auditors' reports, § 3737. Report when to make, § 332. Sacramento, to reside and keep offices at, § 852. Salary of, § 438. Salaries of deputies and employees, how paid, § 440. School fund, special duties connected w.th, § 435. Taxation, powers and duties in relation to: See Tax- ation, X, § 4. Taxes, publication by controller in reference to, § 3668. To compute sums due for taxes by railroad, § 3667. Treasurer, duty to report to, § 452. Treasurer to receive no money without cetificate of, § 453. Vacancy in, how filled and duration of term, § 1001. Warrant, must draw, in favor of approved claim, § 661. Warrant of to collect assesssments on railroads, § 3666. Warrants, order in which to be drawn, § 436. 1146 CONVENTIONS— CORPORATIONS. CONVENTIONS: See Elections, XVII. CONVEYANCE. State, by, secretary of state to keep record of, § 408. CONVICTS disqualified from voting, § 1084. CORONER, accounts of, not allowed until statement as to property filed, § 4288. Autopsies, who to perform in San Francisco, § 3025. Bond of, § 4122. Burial expense of a county charge where deceased without means, § 4286. Bury body, coroner when must, § 4286. Consolidating offices of coroner and public adminis- trator, § 4106. County officer, is, § 4103. Deaths, to keep registry of, § 3076. Duty to report cases of bubonic plague, Asiatic chol- era, contagious, etc., diseases, § 2979a. Election of, mode of, where prescribed, § 830. Expenses of, what a county charge, § 4344. Inquests, must hold, § 4285. Justice may act in case of absence or vacancy, § 4289. Money or property, to deliver to treasurer or legal representative, § 4287. Moneys, penalty for failing to pay over certain, etc., § 4158. Oaths, may administer, § 4118. Public administrator, coroner is ex-officio, in what counties, § 4105. Sheriff, when to act as, § 4290. To file certain statement. § 4288. To serve process where sheriff a party, § 4191. Treasurer, how disposes of money or property re- ceived from, §§ 4159, 4160. Treasurer to sue on failure to turn over money or property, § 4157. Treasurer, money received by, from coroner, time to demand, § 4160. Vacancy in office of, § 4289. CORPORATIONS, acts concerning gas, preserved, § 19. By-laws: See By-laws. Charters of municipal, preserved, § 19. Fees In connection with, § 416. CORPORATIONS— COUNTIES. U47 Investment companies: See Investment Companies. Liability for road poll tax assessed against employees, § 2671. "Person" includes, § 17. Property of, where assessed, § 3641. Surety, corporation may act as, solely or with others, § 956. Surety, what corporations may act as, § 955. To make certain statement to assessor, § 3b29. COSTS, clerk not liable for in actions arising out of registration, § 1112. Fraudulen conveyance, costs of setting aside by attor- ney-general, how met, § 470. In action against delinquent purchasers of state land, § 3555. Insanity, of determining, §§ 2175, 2176. Of surveying disputed county boundaries, § 3974. Removal of criminal action to another county, how collected, § 4346. Removal of criminal action, costs on, chargeable against what county, §§ 4345, 4347. COUNTIES. Definition, nature and classification. Body politic and corporate, county is, § 4000. Classification of, §§ 4006, 4007. Defined, § 3901. Name and designation; division of state into. Name and designation, § 4002. State is divided into, §§ 75, 3902. Acts relating to continued in force. Acts consolidating cities and counties, § 19. Acts dividing into collection and assessment districts, § 26. Acts empowering supervisors to aid railroads, § 19. Boundaries; Division of. Boundaries, change of, taxes to whom belong and who to collect, § 3975. Boundaries, disputed, how established, § 3969. 48 COUNTIES. Boundaries, former approved surveys and maps de- clared valid, § 3973. Boundaries, unsettled, approved surveys of to be con- clusive, § 3972. Boundaries, unsettled, costs of surveys, how appor- tioned and paid, § 3974. Boundaries, unsettled, how established, § 3969. Boundaries, unsettled, report to surveyor-general on disagreement of supervisors, § 3970. Boundaries, unsettled, surveyor-general to determine oh disagreement of supervisors, § 3971. Boundaries of particular counties: See post, Particu- lar Counties. Division of apportionment pf railway taxes: See Taxa- tion, XL Division of, taxes to whom belong and who to collect, § 3975. Division of, rights in relation to taxes: See Taxation, XI. County seats. Change of, election for, adverse, second election, § 3984. Change of, election for, declaring place chosen to be county seat, § 3982. Change of, election for, how conducted, §-3979. Change of, election for, notice of, § 3979. Change of, election for, notice of result, § 3981. Change of, election for, place chosen to be county seat from what day, § 3982. Change of, election for, statement of result to be filed with county clerk, § 3983. Change of, election, when supervisors to order, § 3977. ■ Change of, election for, voter to vote for place he prefers, § 3980. Change of, notice of to be filed with secretary of state, § 3983. Change of, subsequent removals and proceedings on, § 3985. How changed, § 397C. Of particular counties: See post. Particular Counties. Place chosen to be county seat from what day, § 3982. COUNTIES. 1149 Powers of. Credit of, not to be loaned or given, § 4004. Enumerated, § 4003. Exercised through what officers, § 4001. Generally, § 4000. Loans, limitation on right to borrow money on tem- porary loan, § 4005. Loans, temporary, within what time to be paid, § 4005. Toll bridge, counties may purchase, § 2881. Claims; bonds of. Accounts for county charges to be presented to super- visors, § 4343. Bonds of: See Supervisors. Bonds, notice to be given to board of examiners and treasurer when ready to be sold, § 681. Bonds, refunding: See Supervisors. Charges against county, enumeration of, § 4344. Claim, actions on, § 4075. Claim against, how presented, § 4072. Claim against, must be presented one day prior to session, § 4073. Claims against, partial allowance, § 4074. Claims against, rejected when, § 4074. Claim against, time to present, § 4072. Claims of against state, act authorizing settlement of, p. 1110. Claims of supervisors against, how presented, § 4082. Claims against: See Supervisors. Costs on removal of criminal action to another county, how collected, § 4346. Costs on removal of criminal action, chargeable against what county, §§ 4345, 4347. Officer, claim of, against, who may oppose, § 4071. Officer not to advocate claim against, § 4071. Officer not to present claim against, § 4071. Public debt: See Bonds; Public Debt. Warrants. Order of payment and registration of, § 4076. What to specify, § 476. 30 COUNTIES. Officers. Restrictions upon residence of county oflBcers, § 855. Who are, § 4104. See Particular Office. Particular counties; boundaries and county seats. Alameda, § 3953. Alpine, § 3931. Amador, § 3930. Butte, § 3922. Calaveras, § 3936. Colusa, § 3916. Contra Costa, § 3954. Del Norte, § 3909. El Dorado, § 3927. Fresno, § 3939. Humboldt, § 3914. Inyo, § 3942. Kern, § 3941. Klamath. § 3910. Lake, § 3917. Lassen, § 3912. Los Angeles, § 3945. Marin, § 3957. Mariposa, § 3938. Mendocino, § 3918. Merced, § 3934. Mono, § 3935. Monterey, § 3948. Napa, § 3958. Nevada, § 3923. Placer, § 3924. Plumas, § 3920. Sacramento. § 3928. San Bernardino, § 3943. San Diego, § 3944. San Francisco, § 3950. San Joaquin, § 3932. San Luis Obispo, § 3947. San Mateo, § 3951. Santa Barbara, § 3946. Santa Clara, § 3952. Santa Cruz, § 3949. COUNTIES— COUNTY CLERK. 1151 Shasta, § 3911. Sierra, § 3921. Siskiyou, § 3913. Solano, § 3956. Sonoma, § 3955. Stanislaus, § 3933 Sutter, § 3926. Tehama. § 3915. Trinity, § 3919. Tulare, § 3940. Tuolumne, § 3937. Yolo, § 3929. Yuba, § 3925. COUNTY BOARDS OF EDUCATION: See Taxation, VI, § 2. COUNTY CLERK, auditor and recorder ex-ofl&cio in what counties, § 4105. Bonds of, § 4122. Bond of, to be filed with county treasurer, § 986. Clerk of supervisors, ex-officio, § 4029. Consolidating offices of county clerk, auditor and re- corder, § 4106. County oflacer, is, § 4103. County sealers of weights and measures, ex-officio, § 562. County sealers: See Sealers of Weights and Measures. Deputies, clerks and copyists, act relating to, p. 1042. Duties of, enumerated, §§ 4204, 4205. Election of, mode of, where prescribed, § 830. Exempt firemen, may issue certificates to, when, § 3339. Ex-officio clerk of county board of election commis- sioners, § 1077. Fees for filing and recording certificate of discharge from insane asylum not to be charged, § 2189. Fees not to be charged for recording and indexing orders of commitment to asylum, § 2171. Law, cannot practice, § 4121. Law, cannot have partner practicing, § 4121. Oath, copy of to be filed with secretary of state, § 909. Oaths, may administer, § 4118. Office hours, § 4116. Office, where held, § 4116. Pension claimant, affidavits of, to be taken without fee, p. 1042, Stats. 1152 COUNTY CLERK— CURATIVE ACTS. Reside at county seat, § 4119. Surety, canuot act as, § 955. COUNTY ASSESSOR: See Assessor; Taxation. COUNT.Y AUDITOR: See Auditor. COUNTY BOARD OF EQUALIZATION: See Taxation. COUNTY JUDGE: See Judges, County. COUNTY OFFICERS: See Offices and Officers. Particular officer: See Particular Title. COUNTY SEATS: See Counties. COUNTY SUPERINTENDENT OF SCHOOLS: See Schools, II. COUNTY SURVEYOR: See Surveyor. COUNTY TREASURER: See Treasurer of County. COURSES: See Boundaries. COURT COMMISSIONERS, appointment, powers and duties, where prescribed, § 827. COURT OF APPEALS: See District Court of Appeals; Su- preme Court. COURTS: See District Court of Appeals; Superior Court; Supreme Court. COURTS-MARTIAL: See National Guard, XXXVIII. COURTS OF INQUIRY: See National Guard, XXXVIII. CREDITS, definition of, § 3617. CREMATION. Permit to cremate bodies, § 3084. CRIMINAL LAW. Cancellation of entry in great register on conviction of certain crimes, § 1106. Conviction of felony vacates office, § 996. Offenses against school law: See Schools. XXX. Purity of elections, act relating to, p. 1044. Repeal of law creating criminal offense, effect of, § 329. Right of state to serve process on territory ceded to United States, § 34. Right of state to punish for crime, § 37. Vacancy in office on conviction of felony, notice of, by whom and to whom given, § 997. Voters, persons convicted of what crimes cannot be, § 1084. What expenses of criminal proceedings are a county charge, § 4344. CRUELTY TO ANIMALS, act relating to, continued in force, § 19. CURATIVE ACTS, acts validating applications for school lands, § 3573. damages-tX>eaf, dumb and blind asylum. ny-i DAMAGES, appropriation lor liighways taken for toll road, § 2788. Award for condemnation of land for road, § 2089. Award in such cases, how determined, §§ 2G88, 2690. Award, when rejected, proceedings, § 2G90. Fire, negligent acts in relation to, treble damages, § 3344. Liability of municipal corporations, §§ 4452, 4453, 4454. Liability of owners for, done by drivei's of teams, § 293G. Riparian owners liable for certain, to reclamation works, §§ 3486, 3487. Sheriff liable in certain, §§ 4179-4182. DAY. Daytime, what is, § 3260. Night-time, what is, § 3260. What is, § 3259. DEAF CHILDREN, instruction and schools for, § 1662. DEAF, DUMB AND BLIND ASYLUM, approval of esti- mates and drawing moneys appropriated, § 2256. Board of directors, powers and duties of, § 2255. Boai'd of directors receive no compensation, § 2257. Board of directors to fix salary of treasurer, § 2280. Board of directors, under control of, § 2254. Bond, approval, filing and recording, § 2244. Clothing to be furnished pupils, when, § 2240. Definition of blindness, § 2241. Definition of deafness, § 2241. Derives no revenue from school fund, § 2237. Geological cabinet, geologist and university regents to provide, § 2242. Located in Alameda county, § 2237. Maintenance of pupils to be at expense of state, § 2240. Name of, changed to "California Institution for the Deaf and the Blind," §§ 2236, 2237. Nonresidents, fee charged to, § 2239. Object of, § 2237. Part of school system, § 2237. Principal teacher, bond of, § 2270. Principal teacher, powers and duties of, enumerated, § 2268. Principal teacher, qualifications of, § 2267. Principal teacher, salary of, § 2269. Salaries, when and how paid, § 2243. Treasurer, bond of, § 2282. Pol. Code — 73 1154 DEAF, DUMB AND BLIND ASYLUM— DEFINITIONS. Treasurer, duties of, § 2280. Treasurer, salary of, amount of and who to fix, § 2280. Trustees of, duties of, where prescribed, § 713. Trustees of, governor appoints, § 368. Trustees of, term of office, § 369. Who entitled to free education in, § 2238. DE.ATH. Burial: See Burial. Cancellation of entry in great register on, § 1106. Cemeteries, persons in charge of to keep, § 3111. Dissection: See Dissection. Office becomes vacant on, of incumbent, § 996. Recording and registration of: See General Laws, title "Deaths." Stats. 1905, p. 115. Sacramento, death records in, § 3046. San Francisco, certificate of physician, § 3025. San Francisco, duty of health officer as to interments, § 3025. San Francisco, report of, householders to make in what cases, § 3034. Treasurer, of, duty of legal representatives, § 4163. DEBT: See Public Debt. Acts funding state, preserved, § 19. Board of supervisors not to contract certain, § 4070. Counties not to contract, §§ 4004, 4005. Definition of, § 3617. Evidences of, personal property, § 17. Of reclamation districts may be compromised, § 3479. DECISIONS of supreme court: See Reporter of Supreme Court. DECLARATION, oath includes, § 17. DECORATIONS: See National Guard, XXVIII. DEDICATION, highways: See Highways, III. DEEDS, commissioners of: See Commissioners of Deeds. Tax deeds: See Taxation, IX. § 9. DEFINITIONS. Allegiance, § 55. Blindness, § 2241. Cities, § 4354. Conventions, § 1186. County, § 3901. Credits, § 3617. DEFINITIONS— DEPOSITIONS. U55 Day, § 3259. Daytime, § 3260. Deafness, § 2241. Debts, § 3617. Ferry boat, § 3643. Full cash .value, § 3617. Half year, § 3257. Highways, § 2618. Improvements, § 3617. Investment companies, § 635a. Law, § 4466. Lumber, § 2389. Magistrate, § 17. Mouth of creek, § 3908. Newspaper of general circulation, § 4460. Night-time, § 3260. Notice, § 4175. Peace officer, § 17. Personal property, § 3617. Process, §§ 17, 4175. Property, § 3617. Quarter year, § 3257. Real property, § 3617. Residence, § 52. Seal, § 14. Special elections, § 1043. Taxation, terms relating to: See Taxation, I. Trademarks, § 3196. Value, § 3617. Week, § 3258. Writ, § 17. Year, § 3257. DELINQUENT taxes: See Taxation, IX, § 6. DEL NORTE COUNTY, boundaries and county seat, § 3909. Legal distance from county seat of to Sacramento, § 158. Salary of county judge of, § 4329. Salary of district attorney of, § 4330. DEPOSITIONS. Depose, what includes, § 17. In contested election cases, §§ 275-279. Members of board of examiners may take, § 659. To be transmitted to Secretary of State, §§ 281, 282. 1156 DEPUTY— DISTRICT ATTORNEY. DEPUTY: See Offices and Officers. Appointment, how made, § 4113. Appointments, how made where not provided for, §§ 876, 894. Bonds may be required of, § 985. County officer not to act as deputy of another county officer, § 843. Have powers of principals, § 865. Hold at pleasure unless otherwise provided, § 371. Number of where not fixed by law, § 877. Oaths, taking and filing of, § 910. Powers and liabilities, § 4114. Prohibited from purchasing scrip or any city or county indebtedness, § 923. Salary of: See Salaries. Term not fixed, hold at pleasure of appointing power, § 878. DESCRIPTION: See Boundaries. DIPLOMAS: See Schools, XI. DIPSOMANIACS: See Home of Inebriates, § 30221/^, DIRECTORS: See Insane Asylum, V. DISBANDING of militia: See National Guard, XXVI. DISCHARGE: See Insane Asylum, XV. From military service: See National Guard, XXXVII. DISSECTION, bodies of what persons to be surrendered for, § 3094. Bond before surrendering body for, § 3095. Certificate from medical society before surrendering body, § 3095. Physicians, etc., how may obtain bodies for, § 3093. DISTANCES, LEGAL: See Legal Distances. DISTRICT ATTORNEY, action against assessor for un- collected taxes, § 3831. Actions against members of National Guard, to defend, § 1922. Attorney-general to exercise supervisory powers over, § 470. Attorney-general to give opinion in writing to, § 470. Attorney-general, when to assist, § 470. Bonds of, § 4122. DISTRICT ATTORNEY. 1157 Clerks and assistants in certain cities and counties, p. 1043, Stats. Compensation and expenses of are a county charge, § 4344. Compensation for actions brought against delinquent purchasers of state lands, § 3553. County officer, is, § 4103. Duties of, enumerated, § 4256. Duty as to intruders on public lands, § 42. Duty in relation to public lands: See Public Lands. Expenres of, what a county charge, § 4344. Fees of in certain counties, p. 1043, Stats. Governor may direct to inquire into conduct of cor- porations, § 380. Illegal payments by officers of counties, action to re- cover, § 400'1. Illegal payments by officers of county, enjoining, § 4001. Insane person, duty to inquire into ability to pay for maintenance, § 2178. Must have been admitted to practice by superior court, § 4259. Not to present or advocate any claim but his own, § 4258. Oaths, may administer, § 4118. Office hours, § 4116. Office to be kept at county seat, § 4116. Proceeding against assessor fraudulently assessing property, § 3098. Public prosecutor, is, § 4256. Reside at county seat, § 4119. Salaries of, § 4330. Salaries of, how paid, § 4328. School: See Schools, XVII. Special counsel, appointment of on disqualification of, § 472. Suit against non-accepting owners on laying out of highways, § 2690. Supervisors, legal adviser of, § 4257. Supervisors, to attend meetings of and oppose unjust claims, § 4257. Surety, cannot act as, § 955. Taxation, powers and duties in relation to: See Taxa- tion, X, § 7. 1158 DISTRICT ATTORNEY-EIGHT HOUR LAW. To bring suits to acquire land to protect highways, § 2696. Treasurer, to sue on failure to pay over money, § 4157. DISTRICT COURT OF APPEALS, officers of and salaries of, § 758. Reporter of decisions: See Reporter of Supreme Court and of District Court of Appeals. Salaries of justices of, § 736. DISTRICT SCHOOLS: See Schools. DISTRICT OF COLUMBIA, state includes, § 17. United States includes, § 17. DITCHES. Highways, ditches across to be bridged, § 2737. How assessed, § 3663. Proceedings where highway crosses, § 2694'. Roads, ditches over, bridging of, § 2737. Supervisors may construct public bridges across, § 2737. DIVISION of county, apportionment of railway taxes: See Taxation, XI. Of county, rights in relation to taxes: See Taxation, XI. DIVISIONS: See National Guard, XVII. DIVORCE, record of, not open to inspection, § 1032, DOMICILE: See Residence. Residence, rules for determining, § 1239. Residence, term of, how computed, § 1240. DOUBLE taxation: See Taxation, V. DRAFT: See National Guard, XXXIV. DRAINAGE. Acts authorizing transfer from drainage fund to general fund, pp. 1114, 1115. Claims against state under act to promote, payment of, p. 1111, Stats. DRAWBRIDGE, over navigable streams, § 2875. How regulated, § 2876. DRILLS, military: See National Guard, XXXIX. DRUGGIST, liquor license not required of, § 3383. DRUNKARDS: See Home of the Inebriates. DUMB: See Deaf, Dumb and Blind Asylum. EDUCATION: See Schools; University of California. Act to ascertain will of people on educational quali- fication, p. 1043. Boards of: See Schools, IV. EIGHT HOUR LAW, hours of labor on water front of San Francisco, § 2545. See Hours of Labor. EL DORADO COUNTY— ELECTIONS. n5'J Ej. DORADO COUNTY, bcundaiies and county seat, § 3927. Legal distance from county seat of to Sacramento, § 159. Salary of county judge, § 4329. Salary of district attorney, § 4330. ELECTIONEERING: See Elections, VIII, § 6. ELECTIONS. I. Proclamation. II. Board of election commissioners. III. Registration. IV. Precincts. V. Electors and voters; qualifications and privi- leges. VI. Ballots. VII. Ballot-boxes. VIII. Holding of. 1. Time and place of. 2. Officers of. 3. Polls. 4. Supplies and appliances; cards of instruction. 5. Booths. 6. Electioneering. 7. Tally and poll lists; copies of register. 8. Voting and challenging. IX. Canvassing of returns; duties after canvass. X. What vote elects; tie vote. XI. Certificates and commissions. Xn. Validity of; new election; offenses against elec- tion laws. XIII. Contest. XIV. Special elections. XV. Primary elections. XVI. Candidates. XVII. Conventions. XVIII. Nominations. City: See Municipal Corporations. Freeholders, election lor, act relating to, p. 1043. Particular officers: See Particular Title. United States senators: See United States Senators. 60 ELECTIONS, I, II. I. Proclamation. Copy to be transmitted to supervisors, § 105J. Duty of governor to issue and transmit, § 380. Issuance of, §§ 1053, 10.56. Publishiing and posting of, §§ 1055, 1056. What to contain, § 1054. II. Board of election commissioners. City, clerk of city council ex-officio clerk of, § 1077. City, powers and duties of secretary of board of super- Tisors, § 1078. City, who constitute, § 1075. Cities and counties over 150,000, appointment, § 1075. Cities and counties over 150,000, appointment, protest against, § 1075. Cities and counties over 150,000, chairman, § 1075. Cities and counties over 150,000, eligibility, § 1075. Cities and counties over 150,000, from what parties selected, § 1075. Cities and counties over 150,000, ineligibility to other office, § 1075. Cities and counties over 150.000, oaths of, § 1077. Cities and counties over 150,000, of whom to consist, § 1075. Cities and counties over 150,000, powers and duties of secretary, § 1078. City and county over 150,000, secretary, appointment, salary and term of office, § 1077. Cities and counties over 150,000, secretary cannot en- gage in other occupation, § 1077. Cities and counties over 150,000, secretary ineligible to be delegate to convention, § 1077. Cities and counties over 150,000, term of office, § 1075. Cities and counties over 150,000, vacancy in, filling, § 1075. Cities or cities and counties over 150,000, salaries of, § 1075. County, county clerk ex-officio clerk of, § 1077. County, powers and 'duties of county clerk, § 1078. County, who constitute, § 1075. Deputies and clerks may appoint, § 1077. Deputies and clerks, selected from what political par- ties, § 1077. Duties of, generally, § 121G. Expenditures of public money to be under supervision of, § 1079. ELECTIONS, II, III. IICI Expenditures, proposals to be invited and contract let, when, § 1079. Oaths, false, perjury, § 1077. Oaths, members, deputies and clerks may administer, § 1077. Powers and duties of, § 1076. Provisions relating to not to affect what statutes and provisions, § 1080. Salaries of deputies and clerks, how paid, § 1077. III. Registration. Affidavits of, arranging and binding into books, § 1113. Affidavits to be preserved five years, § 1103. Affidavits may be destroyed after five years, § 1103. Affidavits to be preserved, § 1103. Books of registration to be transmitted to precincts, § 1116. Citation of voters, § 1094. Commences when, and how long continues, § 1094. Costs in action relating to not recoverable against clerK, § 1112. County clerk to examine records for convictions, § 1106. Entries in, provisions as to mandatory, § 1095. Entries must show what, § 1096. Fees not to be charged for, § 1071. Great register, action to compel cancellation of names on, § 1109. Great register, action to compel entry of names in, defendants, § 1111. Great register, action to compel entry of names in, plaintiffs, § 1110. Great register, blanks for cancellation to be left in, § 1105. Great register, cancellation, how made, § 1105. Great register, certified copy of uncanceled entry prima facie evidence that one is an elector, § 1117. Great register, clerk to give certified copies of en- tries, § 1107. Great register, compelling entry of name on, §§ 1108, 1110, 1111. • Great register, entries in, when to be canceled, § 1106. 1162 ECLECTIONS, III-V. Great register, entry of names upon by clerk, § 1102. Great register, posting copies of before election, §§ 1149, 1150. Index to books of affidavits, § 1115. Index to registration books, preparation of, § 1115. Index to registration books, printing of, § 1115. Judge decreeing incompetency to give notice, § 1106. Landlords and lodging-house keepers, duties of, § 1094. Names of qualified electors to be entered in, § 1095. New each even numbered year, § 1094. No one allowed to vote whose name not on register, § 1227. Officers refusing or neglecting to make entries, a mis- demeanor, § 1095. Officer's refusal or neglect to swear voter, a misde- meanor, § 1095. Posting copies of precinct registers before election, §§ 1149, 1150. Precinct, § 1094. Qualifications for, § 1097. Register in cities and counties to be kept in office of registrar, § 1094. Register in counties, to be kept in office of county clerk, § 1094. Registrars of voters, duties of generally, § 1216. Transfers, § 1094. Voter not to register where registration in another county uncanceled, § 1104. What to appear before name entered, § 1097. IV. Precincts. Boundaries, § 1128. Changing, altering and consolidating, § 1129. Division of county or city and county into, § 1127. Limitations upon power to establish, § 1130. Number of, §§ 1127, 1128. Number of voters in, §§ 1127, 1128. V. Electors and voters; qualifications and privileges. Arrest, privilege of elector from, § 1069. Disfranchise on dishonorable discharge from National Guard, § 1929. ELECTIONS, V, VI. 1163 Educational qualification for voters, act to ascertain will of people, p. 1043, Stats. Elector, certified copy of uncanceled entry on register prima facie evidence that one is an, § 1117. Elector not obliged to perform militia duty, § 1070. Elector, privileged from arrest, § 1069. Elector, qualified, who cannot be, § 1084. Elector, qualified, who is, § 1083. Elector, who cannot exercise privilege of, § 1084. Electors: See Electors. Militia duty, elector not obliged to perform, § 1070. Residence of voter, rules for determining, § 1239. Residence, term of, how computed, § 1240. Voters, qualifications of, § 1083. Voter, who cannot be, § 1084. VI. Ballots. All ballots must be similar, § 1197. Arrangement of names on, § 1197. Ballot clerks: See post, VIII, § 2. Ballot clerk to account for, § 1207. Blank columns, § 1197. Congressional election, contest of, house committee may inspect ballots, § 1265. Court may order inspection of, when, § 1265. Delivery to election boards, § 1201. Delivery to election boards, messengers for, § 1201. Delivery to election boards, receipt for, § 1201. Form of, § 1197. Form, but one, for all candidates printed, § 1197. General ticket, § 1197. How long to be kept. § 1265. How long to be kept where congressional election contested, § 1265. Identifying mark not to be placed on, § 1215. Independent ticket and nominations, § 1197. Marking ballots, § 1211. Marking, distinguishing marks, what are not, § 1211. Marking, effect of cross in both voting square and circle, § 1211. Marking, effect of cross in voting square and writing name in blank column, § 1211. Marking, identifying marks, what are not, § 1211. ELECTIONS, VI. Marking, name printed twice on ballot, marking both names, effect of, § 1211. Marks on, what do not invalidate, § 1211. Municipal ticket, names in parallel party columns, § 1197. No ballot other than that received to be delivered to officer, § 1215. Not to be received after polls closed except in certain cases, § 1164. Not to be removed from booth before closing of polls, § 1215. Not to be taken from custody of county clerk, § 1265. Number of, § 1197. Number, ballots from which not removed not to be deposited, § 1209. Number of columns, § 1197. Number ol to be provided, § 1199. Ordering inspection of, duty of county clerk on return of, § 1265. Paper not to be imitated or furnished, § 1213. Printed and distributed at public expense, § 1185. Printed how, § 1197. Printing, constitutional amendments, how submitted, § 1197. Printing, bids for not required, when, § 1079. Printing, errors or omissions in, how corrected, § 1200. Printing, independent tickets, § 1197. Printing no nomination, § 1197. Printing of general ticket, § 1197. Printing of municipal ticket, § 1197. Printing, term of office, § 1197. Proceedings where election prevented by destruction of, § 1201. Production and inspection on congressional contest, § 1265. Questions relating to canvass and return of: See Can- vass and Returning Votes, post, IX. Record of number of ballots printed, § 1198. Sample, printing and distributing, § 1210. Sample, to be sent to electors, § 1194. Style of printing, § 1197. Stubs, § 1197. To be bound in books, § 1198. ELECTIONS, VI-VIII. U65 To be received from and delivered by ballot clerks only, § 1215. To contain names of all candidates, § 1197. Unused, destroying, §§ 1199, 1207. When destroyed, § 1266. VII. Ballot-boxes. Not to be opened until polls finally closed, § 1162. Not to be removed, § 1162. Opening, exhibiting and closing before receiving bal- lots, § 1162. Providing, § 1203. VIII. Holding of. 1. Time and place of. County officers, when elected, § 4109. Designating houses or places where to be held, § 1130. General, time of holding, § 1041. Holiday, day of holding general, is, § 10. Not to be held in place where liquor sold, § 1131. Place of holding, failure to designate, proceedings on, § 1132. Place of holding, failure to designate in San Francisco, § 1132. 2. Officers of. Acting as officer when not eligible, penalty, § 1142. Additional officers, appointing when general and muni- cipal election held at same time, § 1202. Appointment and qualifications of officers, § 1142. Ballot clerks, appointment of, § 1202. Ballot clerks, qualifications and compensation of, § 1202. Ballot clerk to account for ballots, § 1207. Ballot clerks, to be chosen from what party, § 1202. Ballot clerks to destroy unused ballots, § 1207. Ballot clerks, to perform what service, § 1202. Blanks for poll lists, envelopes, etc., to be furnished to. § 1073. Board is composed of what officers, § 1142. Certificate, final, majority of board to sign, § 1142. Clerk to keep list of voters, § 1229. Compensation of, § 1072. Duties of, generally, § 1142. ELECTIONS, VIII. Electioneering, not to do, § 1215. Eligibility of officers, § 1142. Failure of members to appear, proceedings on, § 1144. Failure to appoint, proceedings on, § 1144. Inspectors, powers of, § 1145. Judges not to be members of same political parties, § 1143. Names of officers to be published, § 1142. Neglect or refusal to make entries or swear voters, a misdemeanor, § 1095. No officer to disclose name of person for whom elector voted, § 1215. Oaths, any member or clerk may administer, § 1146. Oaths of members, § 1148. Political parties, apportionment of officers between, ■ § 1142. Posting copies of great and precinct register, §§ 1149, 1150. Publication of names of officers, § 1142. Refusal to act, punishment, § 1142. What officers constitute, § 1142. 3. Polls. Closing of, board of election to be present at, § 1142. Proclaiming fact that polls are closed, § 1164. Proclaiming fact that they are open, § 1164. Time of opening and closing, § 1160. 4. Supplies and appliances; cards of instruction. Blanks for poll lists, tally lists, returns, etc., super- visors to furnish, § 1073. Cards of instruction not to be removed or defaced. § 1214. Cards of instruction printed and distributed at public expense, § 1185. Instructions to voters, printing and distributing, § 1210. Instructions to voters to be posted in booths, § 1210. Instructions to voters to be sent to election boards, § 1210. Supervisors to provide appliances and allow expenses, § 4064. Supplies used in conducting not to be removed or de- stroyed, § 1214. ELECTIONS, VIII. 11B( 5. Booths. Conveniences for stamping ballots to be provided in, § 1203. Providing, § 1203. ■6. Electioneering. Not to be done within 100 feet of polls, § 1215. Officer of election not to do, § 1215. 7. Tally and poll lists; copies of register. List, want of form not to vitiate, § 1175. Poll lists, form of, § 1174. Tally lists, form of, § 1174. Tally, want of form not to vitiate, § 1175. Register, posting copies of great and precinct, §§ 1149, 1150. Registration, books of to be transmitted to precincts, § 1116. 8. Voting and challenging. Ballot from which number not removed not to be deposited. § 1209. Ballots to be received from and delivered by ballot clerks only, § 1215. Booth, not more than one voter to occupy at time, § 1206. Challenge because of want of identity, oath on, § 1231. Challenge because voter not the one whose name on great register, cath, § 1231. Challenge for non-residence in county or precinct, pro- ceedings on, § 1233. Challenge for non-residence in state, proceedings on, § 1232. Challenge for want of identity, proceedings on, §§ 1231, 1236. Challenge for want of identity, voter to take oath ten- dered, § 1237. Challenge, grounds of, § 1230. Challenge, how tried and determined, § 1237. Challenge, list of challenges to be kept, § 1243. Challenge, oath determines in favor of voters in what cases, § 1236. Challenge on ground of conviction of crime, proceed- ings on, § 1235. ELECTIONS, VIII. Challenge on ground that person has already voted, oath on, §§ 1234, 1236. Challenge, proceedings upon determination of, § 1242. Challenge, voter refusing to take oath or answer ques- tions cannot vote, § 1238. Employee entitled to two hours to vote at general elections, § 1212. Identifying mark not to be placed on ballot, § 1215. Identifying marks: See ante, VI. Manner of voting, § 1204. Marking of ballots: See ante, VI. No ballot other than that leceived to be delivered to officer, § 1215. No one but officer to receive or solicit ballot, § 1215. No one to apply for ballot at other than his polling- place, § 1215. Residence, reading rules governing before administer- ing oath, as to, § 1241. Straight ticket, how voted, § 1205. Voter, how long may remain in booth, § 1206. Voter, how to fold ballot, § 1205. Voter, how to prepare ballot, § 1205. Voter not to be asked for whom he intends to vote, § 1215. Voter not to show ballot, § 1215. Voter not voting to return ballot, § 1207. Voter spoiling ballot, proceedings on. § 1207. Voter unable to mark ballot, assistin'g, § 1208. Voter unable to read, assisting, § 1208. Voter unable to read or mark ballot, who to assist and oath of, § 1208. Voting, announcing voter's name, number and resi- dence, § 1226. Voting, employee entitled to two hours to vote at general election, § 1212. Voting, list of voters, keeping of, § 1229. Voting, manner of. §§ 1204, 1225. Voting, method of, § 1205. Voting machine, act relating to, p. 10G8. Voting machine, commission on, act creating, p. 1068. Voting, no one allowed to vote whose name not on register, § 1227. ET.ECTIONS, VIII, IX. llfiS Voting, when to commence and how long to continue, § 1224. Voting, written names must be in blank colum.n, § 1211. IX. Canvassing of returns; duties after canvass. Ballots after counting to be strung and inclosed in sealed envelope. § 1259. Ballots, court may order opening and inspection of, when, § 1265. Ballots, duty of county clerk on return of after in- spection ordered, § 1265. Ballots folded together, proceedings in case of. § 1254. Ballots, distinguishing marks on: See ante, VI. Ballots, how long to be kept, § 1265. Ballots, marking of: See ante, VI. Ballots not to be taken from custody of county clerk, § 1265. Ballots, proceedings where there are too many, § 1255. Ballot rejected if more names than persons to be elected, § 1211. Ballot re.iected if voter's choice cannot be determine^d, § 1211. Ballots, wlien destroyed, § 1266. Board of election, duty of before adjournment, § 1261. Board of election to canvass votes, § 1142. Board of election, what documents seal and send to county clerk, § 1261. Board to declare persons receiving highest votes elected, § 1283. Board to post_ result outside of polling-place, § 1261. Copy of register to be filed with county clerk after canvass, § 1268. Clerk receiving ^^ackages containing returns, ballots, etc., duty of, § 1265. Counting of votes, § 1257. Custody of packages containing returns and ballots, etc.. § 1263. Declaration of result, § 1283. Defective ballots not to be counted, § 1211. Defective ballots to be preserved and returned, § 1211. Defects and informalities in returns, effect of, § 1297. Delivery of packages containing returns, ballots, etc., § 1264. District retnrrs, duty of clerk receiving, § 1^*87. District returns, hov. made up, § 1285. District returns, how transmitted, § 1286. Pol. Code — 74 ELECTIONS, IX. Final certificate to be signed by majority of election board, § 1142. General election, county clerks to make and transmit abstracts of votes, §§ 1288, 1289. General ticket to be counted before municipal § 1257. How commenced, § 1253. How commenced in San Francisco, § 1253. How made, § 1281. Identifying marks: See ante. VI. Inspector to retain for inspection other list and tally sheet, § 1262. Misdemeanor to remove copv of posted result, § 1261. Name printed twice on ballot, marking both names, effect of. § 1211. Packages containing register, lists, papers and ballots, to whom delivered, § 1264. Packages containing register, lists, papers and ballots, duty on receiving, § 1264. Precinct reeisters, posting copies before polls opened, § 1149. Proceedings where ballots exceed names on lists, § 1255. Proceedings when names and ballots agree, § 1256. Rejected ballot, disposal of, § 1257. Return list, § 1260. Returns to be delivered to supervisors, § 1267. Roster of voters, open to inspection, § 1264a. Roster of voters, sealing and delivery of, § 1264a. Roster of voters to be kept one year as public record, § 1264a. San Francisco, packages containing register, lists, pa- pers and ballots, how put up and sealed, § 1264. San Francisco, packages containing register, lists, pa- pers and ballots, indorsements and delivery, § 1264. Sealing and delivering of packages containing returns in San Francisco, § 1264. Statement of result, clerk to enter, § 1282. Statement of result, what to show, § 1282. State returns, county clerk's duty as to returns for governor and lieutenant-governor, §§ 1292-1295. State returns, for governor and lieutenant-governor, opening, canvassing and declaring, § 1296. State returns, how made out, § 1288. State returns, sealing, indorsing and transmitting re- turns, § 1289. ELECTIONS, IX-XII. U71 State returns, secretary of state to make out statement of, § 1290. Supervisors, when meet to canvas returns, § 1278. Tallies of votes, how kept, § 1258. 'To be conducted by at least half of board, § 1142. To be continued daily except holidays, § 1281. To be postponed until all returns in, § 1280, To be public, § 1281. To be public and without adjournment, § 1252. When to commence, §§ 1252, 1280. X. What vote elects; tie vote. Person receiving highest vote elected, § 1066. Plurality to elect, § 1066. Tie vote for governor, legislature elects, § 1068. Tie vote for lieutenant-governor, legislature elects, § 1068. Tie vote other than for governor or lieutenant-gov- ernor, proceedings on, § 1067. XI. Certificate and commission. Certificates, clerk to make out, a^uthenticate and de- liver, §§ 1284, 1287. Certificates, duty of supervisors to issue, § 4065. Certificate, majority of board to sign, § 1142. Certificate, not withheld for defects or informalities, § 1297. Certificate, want of form not to vitiate, § 1175. Commissions, not withheld for defects or informalities, § 1297. Commissions, when governor to issue, § 1291. Secretai of state to certify names of persons re- ceiving highest vote, § 408. XII. Validity of; r.ew election; offenses against election lavy/s. Decision declaring void vacates office, § 996. Extortion from candidates, act to prevent, p. 1074. Form, want of not to vitiate list, tally or certificate, § 1175. Judgment declaring void, notice of vacancy by and to whom given, § 997. New, ordering, where election prevented by destruc- tion of ballots, § 1201. Piece clubs, act to prohibit, p. 1074, Purity of elections, act relating to, p. 1043. 1172 ELECTIONS, XIII-XV XIII. Contest. Ballots, duty of county clerk on return of after in- spection ordered, § 1265. Ballots not to be taken from custody of county clerk, § 1265. Clerk to certify pendency of action to treasurer, § 937. Contesting election of rnember of legislature: See Legislature. Court may order opening and inspection of ballots ' when, § 1265. Payment of salary where office contested, §§ 936, 937. Congressional election, house committee may examine and inspect ballots, § 1265. Congressional election, ballots, how long to be pre- served, § 1265. Congressional election, production and inspection of ballots, § 1265. XiV. Special elections. Act concerning, p. 1067. County clerks to make abstracts of votes, §§ 1288, 1289. Proclamation issuing, §§ 1053, 1056. Proclamation, posting and publishing of, §§ 1053, 1056. What are, § 1043. XV. Primary elections. Acts relating to, pp. 1068, 1074. Adoption of primary law, election, how conducted, § 1372. Adoption of primary law, how long operative, § 1372. Adoption of primary law, question how submitted, § 1372. Ballot-boxes, one only at each precinct, § 1359. Ballots, disregarded when, § 1365. Ballot, form of, § 1365. Ballots, number to be printed, § 1359. Ballot, petition, right of parties to appear in by means of, § 1361. Ballot, political parties entitled to designation on, § 136^. Ballots, preserved how long, § 1374. Ballots, printing, § 1365. Ballots, providing, § 1365. Ballots, sample, none to be printed or distributed, § 1359. Ballots, sealing a ;. indorsing, § 1374. ELECTIONS, XV. 1173 Ballot with names of delegates to more than one con- vention disregarded, § 1365. Canvass of returns, § 1360. Certificates of election, issuance of, § 1360. City, meaning of, § 1358. Conducted, how, § 1359. Contest, proceedings on, § 1374. Control over, § 1360. Convention, city, meaning of, § 1358. Convention, delegates to more than one, § 136u. Convention, district, meaning of, § 1358. Convention, expenses not a public charge, § 1360. Convention, quorum, § 1368. Convention, is judge of election and qualifications of members, § 1368. Convention,' legality of, § 1368. Conventions, petitions, § 1361. Convention, state, meaning of, § 1358. Convention, vacancies, how filled, § 1375. Convention, what delegates constitute, § 1360. Delegates, credentials of, § 1369. Delegates, list of, clerk to keep, § 1369. Delegates, lists of, mailing to secretaries of political parties, § 1369. Delegates to conventions to be elected at, § 1357. Delegates to more than one convention, § 1365. Delegates, vacancies, how filled, § 1375. District, meaning of, § 1358. Election commissioners, who may act as, § 1371. Expenses a public charge, § 1360. Expenses, how met and paid, § 1360. Local, meaning of, § 1358. Mandatory, law is in what places, § 1372. Notice of holding, publishing, § 1363. Notice of holding, what to contain, § 1363. Officers, appointment of, § 1364. Officers, compensation of, § 1359. Officers, duty to act as officer, § 1359. Officers need not serve more than once in two years, § 1359. Officer, penalty for failure to act as, § 1370. Officers, qualifications, § 1359. Officers, what to constitute board, § 1359. Optional, law is, in what places, § 1372. Petition, apportionment of delegates, §§ 1361, 1363. 38 1174 ELECTIONS, XV,' XVI. Petition, how authenticated and what must set forth, § 1361. Petition, parties may participate in by, § 1361. Petition, secretary of state to give notice of trans- mission of, 8 1363. Petition, secretary of state to transmit copies to elec- tion commissioners, § 1363. Petition, signatures, § 1361. Petition to be filed when, § 1361. Petition, what to specify, § 1361. Places in which law applies, § 1372. Precincts, § 1364. Presidential electors, conducted how, § 1373. Presidential electors, time of holding primary for, § 1372. Qualifications and registration of voters at, § 1118. Registers at, § 1118. Register, use of at, § 1366. Registration, affidavits, etc., return of after election, § 1366. Registration, new, what used at when incomplete, § 1366. Registration of voters, § 1366. Registration, how long to be kept open, § 1119. Sample ballots not printed, § 1359. State, meaning of, § 1358. Tie vote, proceedings on, § 1365. Time of holding, § 1362. Voter, challenge, grounds of, § 1367. Voter, challenge, oath or affirmation on, § 1367. Voter may write names with pen or pencil, § 1365. Voters, privileges of, § 1366. Voters, qualifications of, § 1366. Voting, comparison of signatures of voters, § 1367a. Voting, manner of, § 1367. Voting, number of delegates for which one may vote, § 1365. Voting, printed n.atter not to be changed or erased, § 1365. Voting, test of right to vote, § 1367. Voting, use of posters, § 1365. XVI. Candidates. Error or omission in name or description, how cor- rected, § 1200. ELECTIONS, VI-XVIII. 1175 Must choose party designation where nominated by more than one party, § 1197. Soliciting of certain, punishment of, p. 1102, Stats. XVII. Conventions. Definition of, § 1186. Delegates, choosing, effect of existence or nonexist- ence of primary law, § 1186. Delegates must uave been chosen at primary election when, § ii86. Delegates, party choosing must have polled three per cent of vote when, § 1186. Governing committee, may appoint, § 1186. Governing corjmittee, term of office, § 1186. Local, meaning of, § 1358. Party, decision of state committee, how given, § 1186. Party, more than one body claiming to represent, state committee may determine, § 1186. XVIII. Nominations. Certificate, all nominees may be included in one, § 1187. Certificate of, duty to file, § 1192. Certificate, duty to transmit or print, § 1192, Certificate, form of, § 1187. Certificate, no one to falsely make, destroy or sup- press, § 1213. Certificate, not more than one candidate for office, § 1190. Certificate preserved for how long, § 1191. Certificate, refusal to file because of defects, § 1192. Certificate, signing and verification, § 1187. Certificates to be made to registrar where there is one, § 1216. Certificate, what to contain, § 1187. Certificate where vacancy in nominations filled, § 1192. Certificate, where to be filed for state officers, § 1189. Certificate, where to be filed for other than state offi- ces, § 1189. Certificate, when to be filed, § 1192. Certificate, who may make where officers of conven- tion fail, § 1187. Certified how, s 1187. Convention, any, may nominate, § 1186. County clerk to send names of nominees to chairmen of county committees, § 1194. 1176 ELECTIONS, XVIII— ENCAMPMENT. No one to accept more than one nomination, § 1190. No one to nominate two candidates for each office, § 1190. Otherwise than by convention how made, § 1188. Person voting in convention for one not to nominate another, § 1190. Secretary of state to certify names of candidates v/ithin what time, § 1193. Vacancy, certifying the filling of, proceedings on, § 1192. Vacancy in list, how filled, § 1192. Withdrawal of candidates, § 1192. ELECTORS: See Elections, V. Educational qualification, act to ascertain will of peo- ple, p. 1043. Office, persons who are not, not eligible, § 58. Office, who eligible to, § 58. Rights and duties of, § 59. Rights and duties of those who are not, § 59. ELIGIBILITY of officers: See Offices and Officers. ELISOR may be appointed to execute process and orders when, § 4192. Process, how executed by, § 4192. EMBEZZLEMENT. Cancellation of entry in great regis- ter on conviction, § 1106. Person convicted of cannot be a voter, § 1084. EMINENT DOMAIN. Condemnation of state land for gov- ernment purposes, §§ 33, 34. Condemning private property for streets or alleys, § 4372. Condition as to service of process in places condemned by United States, § 34. For constructing harves, chutes, and piers,' § 2913. For reclamation purposes, § 3471. For road purposes, § 2690. For toll-roads, § 2787. In construction of toll bridge, § 2855. Power of may be exercised by harbor commissioners of San Diego, § 2581. Property acquiring by, § 44. State hospitals tor insane acquiring lands by condem- nation, § 214G. * State may exercise, § 44. ENCAMPMENT of National Guard: See National Guard, XXXII. ENGLISH LANGUAGE— EXECUTIONS. ml ENGLISH LANGUAGE, reports of officers to be printed in, § 336. Schools to be taught in, § 1664. Statutes to be printed in, § 528. ENLISTMENT in National Guard: See National Guard III. EQUALIZATION, county board of: See Taxation, VI, § 2 Generally: See Taxation, VI. State board of: See Taxation, VI-1. EQUIPMENTS, military: See National Guard, XXVI. ESCAPE, liability of sheriff for permitting, § 4182. No action for after return or recapture of prisoner, § 4184. ESCHEAT, attorney-general, powers and duties in rela- tion to, § 474. Special counsel, appointment, powers and compensa- tion, § 474. Title failing for want of heirs, property escheats, § 41. ESTRAYS, acts concerning continued in force, § 19. EUREKA, harbor commissioners of: See Harbor Com- missioners. EVIDENCE. Affidavit of tax collector of publication of delinquent list, § 3769. Assessment book, of what, § 3789. Certificate of election to legislature, § 236. Certiiicate of purchase of state lands, § 3514. Certified copy of entry in great register, § 1117. Certified copies of records of births or marriages, § 3083. Protest of bill by notary, § 795. Receivable before board of equalization, § 3676. Surveyor's maps, § 3973. Tax collector's deed for property sold for taxes, §§ 3786, 3787. Testify defined, § 17. Testimony of witness, not used against himself, § 304. EXAMINATION: See National Guard, XXXI. Boards of: See Schools, VIII. EXAMINERS: See Board of Examiners; State Board of Examiners. EXECUTIONS. Attorney-genejial to bid in property when, § 470. Attorney-general to redeem property from prior judg- ment or lien when, § 470. 1178 EXECUTIONS— FEEBI^E-MINDED CHILDREN. Failure of sheriff to pay over money, liability, § 4181. Failure of sheriff to pay over money, office becomes vacant when, § 4186. Justification of sheriff under, § 4187. Money, how computed and stated in, § 3274. Neglect of sheriff to levy or sell under, liability, § 4180. EXECUTIVE: See Governor. EXECUTIVE OFFICERS, number and designation of, § 343. See Offices and Officers. EXECUTOR AND ADMINISTRATOR, assessment to, in representative capacity, § 3639. Bonds of, provisions relating to, § 981. Coroner ex-officio public administrator, § 4106. Duties of public administrator, § 4303. To pay taxes of estate, § 3752. EXEMPTIONS, arrest, exemption from of persons on military duty, § 2021. Fees of quarantine officer, what vessels exempt from, § 3020. Firemen, exemptions of, § 3337. Honorary members of National Guard, § 1962. Immigration laws, what persons exempt from, § 2963. Immigration laws, what vessels exempt from, § 2962. Licenses, exhibitions for schools, churches and chari- ties exempted, § 3386. License tax, soldiers, sailors and marines are exempt, § 3366. Military duty, who exempt from, § 1896. See National Guard. National Guard, of members of, §§ 1936, 1937. Pilotage, exemption of vessels from, §§ 2466, 2467, 2468. Taxation from: See Taxation, III. Tolls, exempt fiom payment of, who are, §§ 2814, 2879. EXHIBITIONS: See Schools, XXIIL EXPERT, controller, to, p. 1042; Stats. EXPRESS COMPANIES. Unclaimed property, §§ 3152- 315/. See Unclaimed Property. FARALLONE ISLANDS part of San Francisco, § 3950. FEEBLE-MINDdD CHILDREN: See Home for Feeble- Minxled Children. FEES. 1X79 FEES, acts relating to continued in force, § 4331. Application to purchase public land, fee on, § 3574. Articles of investment company, fees for filing, § 635c. Assessor seizing and selling personalty, s 3793. Bonds, for certified copies of, § 957. Certificate of discharge from insane asylum, no fees for filing and recording, § 2189. Clerk of supreme court, of, §§ 752, 753, 754. Collected by officer with salary to be paid to treasurer, § 4334. Commissioners of deeds, of, § 815. County sealers of weights and measurers, of, §■ 567. District attorney, of, in certain counties, p. 1043, Stats. Gas meters, for inspection of, §§ 581, 582. Habeas corpus, no fee to be charged in services relat- ing to, § 4333. Harbor master of Eureka, of, § 2572. Health officer of San Francisco, § 3029. Immigration commissioner, fees of, § 2955. Immigration commissioner, for approving bond or ad- ministering oath, § 2965. Insurance agent, fee for license, § 633. Insurance commissioner, of, §§ 605, 606. License, fees for issuance and disposal of, § 3364. National Guard, fees not to be charged for oaths to members, § 2106. None allowed for collecting school funds, § 1857. None charged for recording certificates of marriages and births, § 3078. Notaries, § 798. Not to be charged legislators and officers, § 416. Oaths, officer of National Guard administering not en- titled to, § 1940. Officers in contest of election of legislator, § 280. Officers not to perform duties except on tender of, § 4332. Officers refusing to perform duties on tender of, lia- bility, § 4332. Payment into state treasury, § 416. Pension claimants, affidavits of, county clerk to take without fees, p. 1042, Stats. Pilotage: See Pilotage. Pilot commissioners of Humboldt Bay, for licenses, § 2490. Pilots in San Francisco, Mare Island, and Benicia, § 2466. IISO FEES— FERRIES. Poll tax, fees for collecting, § 1857. Port warden, § 2510. Quarantine officer of San Francisco, § 3020. Recorder, fees of in relation to marks and brands, § 3168. Recorder, for recording births, deaths and marriages, § 3081. Recorder, for reporting sales of certificates of pur- chase, § 3517. Recorder not required to record instrument until pay- . ment of, § 4245. Register of land office, § 501. Register of land office, how disposed of, § 501. Registration or certificates of, fees not to be charged for, § 1071. Sealers of weights and measures, § 567. Secretary of state, § 416. Secretary of state not to charge for what services to state officers, § 416. Sheriff serving orders, process, etc., for courts of in- quiry, fees of, § 2084. State library fund, collected by secretary of state. § 416. State registrar of marriages and births, of: See State Board of Health. Subpoena, for service of, § 4069. Surveyor-general, of, § 3574. Teacher's certificate, fee for issuing or renewing, § 1565. Trademark, fee for filing with secretary of state, § 3198. Unclaimed property, fees in relation to, § 3157. Wharfage, dockage, etc., in San Francisco, § 2524. Witness, § 4069. FELONY, conviction of forfeits office, § 996. Vacancy in office on conviction, notice of, by whom and to whom given, § 997. FEMALES, affidavit of, to purchase state lands, §§ 3444, 3501. FEMININE, masculine includes, § 17. FENCES, acts relating to, continued in force, § 19. R(>inoval of on laying out highway, § 2695. FERRIES. Application, hearing and contest, § 2893. Ai)plication, how made, § 2892. FERRIES— FINES AND PENALTIES. 1181 Application, notice of, § 2844. Application, notice, contents of and publication of, § 2892. Application, notice, proof of giving, § 2893. Application, notice, serving on owner of land, § 2892. Application, notice to be given owner of another ferry, § 2853. Application to keep, to whom made, § 2843. Application, when granted, § 2893. Assessed, where, § 3643. Banks to be kept in repair, § 2858. Bond, §§ 2849, 2850. Bond, supervisors to fix, § 2845. Condemnation of lands necessary for, § 2855. Definition of ferry boat, § 3643. Ford near, supervisors may authorize, § 2845. Interested supervisor cannot act in matters relating to, § 2852. License, estimates used in fixing, §§ 2848, 2849. License, for ferry connecting two counties, § 2851. License, issuance of, § 2849. License, limit on amount of, § 2846. License, jiroceedings in fixing, § 2848. License, revenue from, purchasing toll roads or bridges with, § 2857. License tax, change in, § 2846. License to take tolls on, §§ 2845, 3378. Penalties, how disposed of, § 2895. Preference of owner of adjoining land in constructing, § 2854. Reports to supervisors, what to show, § 2847. Rules and regulations governing, supervisors may make, § 2894. Supervisors granting authority, duties of, § 2844. Supervisors, powers of over, § 2894. Tolls, change in, § 2846. Tolls, estimates used in fixing, §§ 2848, 2849. Tolls, proceedings in fixing, § 2848. Tolls, rate of, § 2845. Toll, rates of to be posted, § 2856. Tolls, supervisors to fix, § 2845. Within one mile of another ferry, § 2853. FINES AND PENALTIES, application of, § 2743. Assessing property below value, fraudulently, § 3698. Assessor failing to render statement to state board of equalization, § 3656. FINES AND PENALTIES. Auctioneer failing to report or falsely reporting, § 3322. Auctioneer overcharging, § 3309. Auctioneer, recovered how, § 3323. Auditor failing to make certain report, § 3870. Births, deaths, etc., violating registry laws as to, § 3082. Bridge, riding or driving fast over, § 2938. County treasurers failing to make settlements, § 3867. County treasurers neglecting to settle and report, § 4156. Court-martial, fines or penalties on, how collected § 2080. Court-martial, fines that may be imposed, § 2087. Employing driver addicted to intoxication, § 2932. Harbor commissioners, imposed by, § 2570. Highways, felling trees on, § 2740. Highway, neglect to remove obstructions from, § 2733. Highways, obstructing or injuring, § 2737. Highway, for violating law of, how and by whom re- covered, § 2935. Immigration, neglect to give bond relative to, § 2956. Immigration laws, violating, § 2959. Insurance companies, by commisioner, §§ 598, 617. Leaving gates open and riding off road, § 2736. Leaving horses standing without being tied, § 2934. Mark or brand, using more than one, § 3183. Mile stones and ^-uide posts, injuring, § 2738. Militia, how collected, § 1935. Military draft, neglect to obey, § 2053. Municipal authorities may impose. § 4408. Navigable streams, for obstructing, § 2350. Navigation, violating rules of, §§ 2367-2370. Navigation, violating rules of, how recovered, § 2379. Nonattendance on drills, parades and inspections, on, § 1935. Port warden, unlawfully acting as, § 2511. Racing steamers, § 2373. Sheriff's failure to return process, § 4179. Sheriff's failure to pay over moneys, § 4181. Sheriff suffering escape, § 4182. Sheriff suffering rescue, § 4183. Shipowners liable for masters or engineers, § 2378. SidewalTis, trespass on, § 2632. State board of equalization, refusing to obey rules of, § 3697. FINES AND PENALTIES— FIRE DEPARTMENT. 1183 Supervisor's malfeasance in office, § 4086. Tax collector not filing statement and paying over moneys, § 3754. Toll roaus, obstructing, § 2816. Toll roads, action for trespass on, § 2817. Tolls, avoiding, § 28c0. Witness refusing to give testimony in certain cases, § 3632. FIRE, authority to order out persons to extinguish, § 3345. Negligently allowing fires to escape, treble damages, § 3344. Negligently setting fire to one's own woods, treble damages, § 3344. FIRE DEPA.- for maintaining, § 3028. HEALTH. 1201 Nuisance, po,ver of board of health in relation to, § 3028. Oaths, what officers may administer, § 3031. Officers and employees, power of removal, §§ 3009, 3012. Officers and employees, salaries of and how paid, § 3010. Officers and employees, what to appoint, §§ 3009, 3012. Offices, supervisors to provide proper, § 3011. Physicians to report certain cases immediately, § 3034. Reports .o be made of certain cases and deaths, § 3034. Superintendents of cemeteries to return names of per- sons interred or deposited, § 3026. Vacation of infected and dangerous houses, § 3033. Vaccination of passengers from infected ports, § 3021. Board of health of Sacramento. Death records, duty of board of health, § 3046. Expenses, how paid, § 3048. General powers of § 3044. Members hold offices at pleasure, § 3043. Number and qualifications of members, § 3042. President of trustees is ex-officio president of, § 3042. Trustees fix compensation, § 3049. Trustees may establish by ordinance, § 3042. Health officer to be appointed when, § 3047. Health officer, trustees fix compensation, § 3049. Pest houses, § 3045. ■ Regulations of physicians, undertakers and cemeteries, § 3046. Rules and regulations, board of health may pass, § 3044. Rules and regulations, trustees of city to enforce, § 3047. Boards of health of other cities and towns. Boards of health, members hold office at pleasure, § 3061. Boards of health, number of members, § 3061. Boards of health, powers and duties of, enumeration, § 3061. Boards of health, qualifications of members, § 3061. Board of health, supervisors of incorporated towns to establish, § 3061. Compensation of health board and health officers, su- pervisors to fix, § 3064. Pol. Code — 76 1202 HEALTH. Expenses, liability for and how paid, §§ 3063, 30(54. Health officer appointed by oupervisors, powers and duties, § 3062. Proceedings where supervisors fail to appoint health board or health officer, .§ 3064. Supervisors mav adopt provisions of statute relating to, §§ 3059, 3060, 3061. Supervisors may appoint health boards and health officers. §§ 3059, 3060. Supervisors may appoint health officer instead of board of health, § 3062. Vaccine agent. Compensation of, § 2994. Governor appoints, § 368. Term of office of, § 369. To obtain and preserve supply of genuine vaccine mat- ter, § 2993. To supply genuine vaccine matter to physicians, § 2994. What ^ay charge for vaccine matter, § 2994. Lepers. Compelled to live in lazarettos, § 2952. Leper quarters, superintendent to make quarterly statements, § 2952. Leper quarters to be kept in, § 2955. Leprosy fund, moneys received from immigration com- missioner to constitute, § 2969. Powers and duties of immigration commissioners as to, § 2955. Report of immigration commissioner as to, § 2955. Salaries and expenses of immigration commissioner in excess of leprosy fund not to be audited, § 2969. Supervisors authorized to provide for separation of, § 2952. Health Officers. Certificates of marriage and births, recording, man- ner of and duty of officer, § 3078. Compensation for recording certificates of marriages and births and how paid, § 3079. Registrar of vital statistics in cities with charters, §§ 3077. 3078. To enforce regulations of state board, § 2984. HEALTH— HIGHWAYS, I-III. 1203 To record certificates of marriages and births without charge, § 3078. To report contagious or infectious diseases to state board, § 2984. To report violations- of laws to state board, § 2984. To transmit certificates monthly to state registrar, § 3078. HIGH SCHOOLS: See Schools, XV: HIGHWAYS. I. What are; definition. II. Rights in and title to. III. Lands, how acquired; deeds; dedication; user, IV. Supervisors, powers and duties of. V. Commissioners and overseers. VI. Laying out of. VII. Width of. VIII. Contracts; claims. IX. Trees on. X. Guide-posts and mile-stones. XI. Sidewalks and sidepaths. ' XII. Obstructions and injuries. XIM. Taxes and funds. XIV. Road register. XV. Road districts. XVI. Permanent road divisions. .XVII. Nonresidents. • XVIII. Law of the road. XIX. Vacation and abandonment of. See Streets. I. What are; definitions. Definition of, § 2618. Enumeration of, § 2618. What are, § 2618. II. Rights in and title to. Easement, public acquire only in, § ^631. Title, public acquire on right of way and necessary incidents, § 2631. Title to road opened by supervisors, § 2623. III. Lands hew acquired; deeds; dedication; user. Dedication, route over another's land does not become highway, § 2621. 1204 HIGHWAYS, IV-VI. District attorney to bring suits for lands for flumes, etc., to carry off storm waters, § 2G96. Floods and storms, flumes, ditches and canals to carry off storm waters, lands acquired how, § 2G96. Instrument conveying right of way for to be recorded, § 2693. Manner of procuring land for protection of, § 2696. User, route over another's land when only becomes highway, § 2621. IV. Supervisors, powers and duties of. Fences along roads where right of way given, may con- struct, § 2647. ■ Have general supervision over, § 2643. Powers and duties respecting, enumeration of, § 2643. V. Commissioners and overseers. Commissioners are public officers, § 4103. Commissioners, duties of, generally, § 4304. Commissioner, oaths, may administer, § 4118. Commissioners of respective districts to recover pen- alties or forfeitures, § 2743. Commissioners, powers and duties, § 2645. Commissioner, salary of, § 2641. Commissioner, salary paid at close of each quarter, § 4344. Commissioner, supervisor is ex-oflBcio in his district, § 2341. Overseer, authority to order out persons to extinguish fire, § 3345. Overseers, duties of. generally. § 4304. Overseer, office of abolished, § 2642. "Road over.-^eer" construed to mean road commissioner, § 2642. VI. Laying out of. Bond to accompany petition, § 2683. By-roads, how laid -out, § 2692. Canals and ditches, proceedings where railroad crosses, § 2694.- Damages, awards, how paid, § 2691. Damages awarded to be set apart in treasury, § 2689. Damages, awarding to nonconsenting owners, § 2688. Damage.s, deposit of amount of in treasury, § 2689. Damages, failure to accept award within ten days deemed a rejection, § 2690. HIGHWAYS, VI, VII. 1205 Damages, refusal of award, suits, § 2690. Damages, return of moneys when not accepted, § 2689. Damages where railroad, canal, or ditch crossed, § 2694. Decree conde.nning right of way to be recorded, § 2693. District attorney, suits by, effect of informality of proceedings, § 2690. District attorney to institute suits against non-accept- ing owners, § 2690. Expenses, how paid, § 2691. Fences, removal of, § 2695. Informality in proceedings, effect on suits. § 2690. Instrument conveying right of way to be recorded, § 2693. Manner of procuring land for protection of, § 2696. Petition for, who may, § 2681." Petition, number and qualifications of signers, § 2681. Petition to be accompanied with bond, § 2683. Petition to set forth what, § 2682. Private roads, how laid out, § 2692. Railroad, proceedings and rights where highway crosses, § 2694. Report of viewers, approval or rejection of, § 2688. Road not permitted through grounds of state hospitals, § 2146. Road on diviriing line between counties, proceedings in case of, § 2681. Surveyor, compe-oatiou of, § 2687. To be ditched on sides and have proper sewerage, § 2793. Viewers, compensation of, § 2687. Viewers, duties of, § 2686. Viewers, majority may act, § 2685. Viewers, one to be surveyor, § 2684. Viewers, qualifications and oaths, § 2685. Viewers, report of, what to contain, § 2686. Viewers, rep t of, hearing of, § 2688. Viewers, report of, notice of hearing, contents and publication, § 2688. Viewers, report, troceedings on approval of, § 2689. Viewers, supervisors to appoint, § 2684. "Width of road, § 2681. VII. Width of. Width of, § 2681. 39 1206 HIGHWAYS. VII-XH. Width of existing not to be increased or diminished, § 2620. Width of private, § 2620. Width of public, § 2620. VIII. Contracts; c ims. Claims for labor, report of foreman sufficient, § 2644. Claims for labor, reports, supervisors may make rules regulating, ? 2644. Claim for labor to show nature of, items, etc., § 2644. Contracts, allowances, etc., in violation of statute void, § 2651. Contracts for work, how let, § 2643. Contracts, performance and payment, § 2643. Officers allowing or paying illegal claims void, § 2651. Supervisors allowing claims in violation of statute void, § 2651. Surveyor, duty of county, in relation to, § 2643. IX. Trees in. Felling into highway, penaltv for failure to remove, § 2740. How set out, § 2633. Ornamental, injury to, punishment of, § 2742. Right of adjrming owner to plant, § 2633. Willful injury to, punishment for, § 2633. X. Guide-posts and mile-stones. Guide-posts, injuries to, punishment of, § 2738. Guide-posts, supervisors to erect, § 2738. Mile-stoces, injuries to, punishment of, § 2738 XI. Sidewalks and sidcpaths. Sidepaths, expense of erecting and maintaining, § 2643. Sidepaths for pedestrians or bicycles, supervisors may set apart, § 2343. Sidewalk, penalty for using with horse or team, § 2632. Sidewalk, right of adjoining owner to construct, § 2632. XII. Obstructions and injuries. Any one may notify person to remove, § 2739. Carcasses, refuse r waste matter, depositing a misde- meanor, § 2737. Ditches or dams, diverting waters on highways by, penalty, § 2737. Encroachments, abatement, judgment and penalty, § 2734. HIGHWAYS, Xn, Xni. 1207 Encroachments by fences, buildings, etc., overseer may require removal, § 2731. Encroachments, denial of and refusal to remove, pro- ceedings to abate, § 2734. Encroacl nent, failure to remove after notice, forfeit- ure, §§ 2733, 2734, 2735. Encroachments, overseer to remove on neglect of owner, § 2733. Encroachments, removal by overseer, §§ 2733, 2735. Failure to remove after notice by private person, punishment, § 2739. Floods and storm waters, supervisors may adopt meas- ures for protection from, § 2G43a. Gates, leaving open, damages for, § 2736. Gates on, expense of maintenance, § 2736. Gates on, right to erect, § 2736. Gates, unnecessarily riding over adjoining ground, damages, § 2736. Guide-posts, injuries to, punishment of, § 2738. Notice to remove encroachment, § 2732. Mile-stone, injuring, punishment for, § 2738. Road overseers of respective districts to recover, § 2743. Trees," felling into highway, penalty for failure to re- move, § 2740. Waters, diverting or draining waters on highways, penalty for, § 2737. Water, overflowing or seepage upon, duty to repair, § 2737. XIII. Taxes and funds. See Taxation, XIII. Floods and storms, apportioning taxes for protection from, § 2643a. Floods and storms, special tax to protect highways from, § 2643a. General road fund, apportionment of portion of road tax to, §§ 2651, 2652. General road fund, contracts, allowances, etc., in vio- lation of act void, § 2651. General road fund, moneys applied to what purposes, § 2651. General road fund, officers allowing illegal claims li- able, § 2651. 1208 HIGHWAYS, XHI-XVI. General road fund, reapportionment at end of year, § 2651. General road fund, supervisors may establish, § 2651. National Guard, exemption of members of, from road tax, § 2098. Property tax, how expended, § 2655. Property tax, limit on rate of, § 2653. Property tax, supervisors to estimate and levy, § 2653. Property tax, time of levy, § 2654. Property tax, who to levy and assess, § 2654. Road poll tax, amount of, § 2652. Road por tax, collection of, § 2652. Road poll tax, corporations' liability where assessed against employees, § 2671. Road poll tax, employers' liability where assessed against employees, § 2671. Road poll tax, how expended, § 2655. Road poll tax, receipts, § 2652. Road poll tax, supervisors may levy annually, § 2652. Road poll tax, who subject to, § 2652. Road tax, exemption of firemen, § 3337. Special lax, to protect highways from flood, § 2643a. XIV. Road register. Clerk of supervisors to keep, § 2622. Clerk of supervisors to keep record of proceedings re- lating to, § 2622. What to show, § 2622. XV. Road districts. Boundaries, supervisors may change, § 2641. Compensation of supervisor as road commissioner, § 2641. Counties to te divided into as many districts as super- visors, § 2641. Each supervisor ex-ofRcio road commissioner in his district, § 2641. Floods and storms, establishment of district to protect highways from, § 2643a. Supervisors to divide counties into, § 2641. Toll roads, purchase of by, county general fund may be used for when, § 2712. XVI. Permanent road divisions. Any portion of county may be formed into, § 2745. Boundaries, changes in and notice of, § 2749. HIGHWAYS, XVI. 1209 Boundaries establisherl by board are permanent boun- daries, § 2750. Boundaries established by board to be boundaries of, § 2749. Boundaries, misdescription, correction of, § 2750. Boundaries, notice of hearing report of surveyor, § 2750. Expenses of organization and election a county charge, § 2772. Fund, moneys remainins^ in after work complete, dis- position of, § 2771. Fund, permanent road fund, what constitutes, § 2753. Fund, return of when majority vote against tax, § 2758. Funds, reversion of where election for bonds not car- ried, § 2767. Funds, setting apart of for road, § 2753. Lapse when, § 2771. Permanent road bonds, coupons, §§ 2765, 2766. Permanent road bonds, election, ballots, § 2763. Permanent road bonds, election, duty of supervisors where two-thirds favor, § 2764. Permanent road bonds, election how conducted, § 2763. Permanent road bonds, election, informalities in, § 2764. Permanent road bonds, election, notices of what to con- tain, § 2762. Permanent road bonds, election not carried, reversion of funds, § 2767. Permanent road bonds, election, officers to certify re- sult, § 2764. Permanent road bonds, election, polling-places and election districts and precincts, § 2761. Permanent road bonds, election, posting and publish- ing notices, § 2761. . Permanent road bonds, election when called, § 2760. Permanent road bonds, from of and maturity of §§ 2765, 2766. Permanent road bonds, interest, §§ 2765, 2766. Permanent road bonds, limit upon amount of, § 2764. Permanent road bonds, sale of, § 2766. Petition for affidavit of valuation to accompany, § 2747. Petition for formation may be presented to supervisors § 2746. 1210 HIGHWAYS, XVl-XVIII. Petition for construction or improvement of roads may be filed, § 2751. Petition for hearing and adjournment, § 2749. Petition for improvements, duty to prepare plans on receipt of, § 2752. Petition for improvements, what to contain, § 2751. Petition for, presentation, publication and notice, § 2748. Petition for, what to contain, § 2746. Petition for, who to sign, § 2746. Roard work, contract, to be done by, § 2768. Road work, contract to be done by, § 2768. Road work, contract to be let to lowest bidder, § 2768. Road work inspectors, appointment before opening bids, § 2769. Road work, inspectors, duties of, and report, § 2769. Road work, payment, final, not to be made until ac- ceptance, § 2770. Road work, payments on account, § 2770. Road work, proceedings where work unsatisfactory, § 2769. Special road tax, computation, levy and collection of, § 2759. Special road tax, duty of board with regard to, § 2754. Special road tax, election for, § 2754. Special road tax, election for, ballots, §§ 2756, 2757. Special road tax, election, how conducted, § 2756. Special road tax, election, notices of what to contain, § 2755. Special road tax, election, officers to certify result, § 2758. Special road tax, election, return of fund where ma- jority against, § 2758. Special road tax, majority favoring, supervisors to levy tax, § 2759. Special road tax, notices of, posting and publishing of, § 2754: XVII. Non-residents. Obstructions and injuries, notice, service of on non- residents, § 2744. Service of notices on, § 2744. Treated as non-consenting land owners, § 2744. XVIII. Law of the road. Center of road, what is, § 2931. HIGHWAYS, XVIII, XIX— HIGHWAYS. 12U Cities, coaches aud carriages in, highway law does not apply to, § 2937. Driver, negligence of, liability of owner for, § 2936. Driver to fasten horses while standing, § 2934. Drivers to turn to the right, § 2931. Intoxicated driver, duty to discharge after notice, § 2933. Intoxication, driver addicted to, punishment of, § 2932. Penalties for violating, how and by whom recovered, § 2935. Penalties for violating, time to sue for, § 2935. Where vehicles meet, § 2931. XIX. Vacation and abandonment of. Abandonment, highways once established continue un- til, § 2619. Continue until abandonment, § 2619. Vacated, highway not to be until ordered by super- visors, § 2621. Vacated, road laid out by supervisors, not, until or- dered by board, § 2623. HOLIDAYS, act to be performed on may be done on next day, § 13. Last day falling on, § 12. Process, issuance, filing and service of on Saturday afternoon, § 10. Recording of instruments on Saturday afternoon, § 10. Saturday half holiday, § 10. Sunday, holi. ays falling on, §§ 10, 11. What -days are, § 10. HOME FOR FEEBLE-MINDED CHILDREN: See Insane Asylums, XVIII. Admission to, procedure for, § 2192. Applicant's admission to without commitment, § 2194. Auditor and treasurer, duties as to moneys due for support of patients, § 2193. Commitment, applicant may be admitted to without when, § 2194. Contingent fund consists of what, § 2158. Contingent fund, how expended, § 2158. Discharge of patients, § 2189. Escape of patient, duty of sheriff, § 2190a. Expense of patient at, estate or relatives of, liability for, § 2187. Facilities to be furnished to, § 2145. 1212 HOME FOR FEEBLE-MINDED CHILDREN. Life tenure inmates, supp: rt of, § 2195. Moneys received : om coundes for support of patients, disposition rf, § 2192. Object of, § 2145. Superintendent, aanual report of, § 2153. Superintendent, monthly report of, § 2153. Support of applicants admitted without commitment, disposition of moneys, § 2194. Support of, inmates who are self-supporting by labor or have paid, § 2195. Support of patient, action for money due for, § 2194. Support of patient by county, § 2192. Support of patient out of estate or by relative, § 2192. Transfer of patients from insane asylum, § 2187. Transfer of patients to insane asylum, § 2187. What person.3 to be received and cared for, § 2145. HOME OF INEBRIATES. Home of Inebriates in San Francisco, act relating to continued in force, § 19. HOSPITALS, county, expenses in support of a county charge, § 4344. In time of epidemics, §§ 3C22, 3045. Municipa.1 authorities to maintain, § 4408. Persons dying in, may be dissected, § 3094. Tax: See Taxation, XIV. See Insane Asylums. HOURS, office: See Offices and Officers. HOURS OF LABOR. Eight hours constitute a day's work, §§ 3244, 3245. Office hours of county officers, § 4116. On water front of San Francisco, § 2545. Public contracts to contain stipulation for eight hour day, § 3245. Street-cars, compensation of employees working over twelve hours, § 3246. Street-cars, form of complaint by employee on work- ing over twelve hours, § 3248. Street-cars, hours of labor, §§ 3246, 3250. Street-car, penal./ for requiring more than twelve hours' labor, § 3250. HOUSE OF ILL FAME: See 111 Fame. HUMBOLDT BAR pilot commissioners: See Pilot Com- missioners. Pilots for: See Pilots. HUMBOLDT BAY-IMMIGRATION. 1213 HUMBOLDT BAY pilot commissioners: See Pilot Com- missioners. Pilots for: See Pilots. HUMBOLDT COUNTY. Act t-^ regulate salmon fisheries in Humboldt < ontinued in force, § 19. Boundaries and county seat, § 3914. Legal distance from county seat of to Sacramento, § 162. Salary ot county judge, § 4329. Salary of district attorney, § 4330. HUSBAND AND WIFE. Residence of husband is resi- dence of wife, § 52. ILL FAME, Chinese, act for suppression of continued in force, § 19. IMMIGRATION. Actions for fines and penalties, § 2959. Action on bond to protect state, § 2956. Bonds, commissioner to approve, § 2964. Bond, commissioner to prepare, § 2965. Bond, commutations of, § 2960. Bond of commissioner in San Francisco, § 2968. Bond to protect scate, action on, § 2956. Bond to protect state from carriers of passengers, § 2954. Bond to protect state, how may be secured, § 2954. Bond to protect state, money in commutation of placed in general fund, § 2958. Bond to protect state, penalty for neglect or refusal to give, § 2957. Commissioner, compensation of, § 2961. Commissioners ex-oflicio, what officers are, § 2966. Commissioners of, governor appoints, § 368. Commissioner holds at governor's pleasure, § 369, 2969. Commissioner, powers and duties, where prescribed, § 696. Commissioner receiving illegal compensation, penalty, . § 2965. Commutation money, accounting for, § 2961. Commutation money, duplicate receipts for, § 2961. Commutation of bonds, fines or penalties, §§ 2958, 2960. Deputies, § 2955. Deputy, commissioner not to appoint more than one, § 2969. 1214 IMMIGRATION. Deputy, governor may suspend payment of salary when, § 2969. Deputy, salary of, § 2969. Exempt Irom immigration la./s, what persons are, § 2963. Exempt from immigraiion laws, what vessels are, § 2962. Fees of commissioner, § 2955. Fee for approving bond and administering oath, § 2965. Fees, illegal, penalty where commissioner collects, § 2965. Fee, master, consignee, etc., refusing to pay, penalty, § 2955. Fees to be paid into state treasury monthly, § 2969. Fines and penalties, accounting for, § 2961. Fines and penalties, action for, § 2959. Fines and penalties, commutation of, § 2960. Fines and penalties, duplicate receipts for, § 2961. Fines and penalties, liens against vessels for, §§ 2955, 2959. Fines and penalties, paid into state treasury, § 2959. Fine, penalties and forfeitures, moneys from to be paid into state treasury monthly, § 2969. Inspection and examination of immigrants, § 2955. Inspection and examination of immigrants, penalty for disobedience by master, consignee, etc., § 2955. Inspection and examination, powers and duties of com- missioner, § 2955. LJen against vessel for fines and penalties, §§ 2955, 2959. Master, consignee, etc., disobeying commissioner or al- lowing passengers to depart, penalty, § 2955. Moneys collected to be paid into state treasury fund monthly, § 2969. Oath administered to foreigner declaring himself a citizen, § 2951. Oaths, necessary, commissioner to administer, § 2964. Oaths to sureties, commissioner to administer, § 2965. Oath to sureties, penalty where commissioner fails to administer, § 2965. Receipts, duplicate, for moneys received, § 2961. Report, failure of master to make full, powers of commissioner, § 2964. Report, master to make within twenty-four hours, § 2949. IMMIGRATION— INSANE ASYLUMS. 1211k Report of master, what to state, § 2950. Salaries and expenses of commissioner, how audited and paid. § 2969. IMPRISONMENT, right of state to order, § 37. IMPROVEMENTS includes what, § 3617. INCUMBERED PROPERTY, tax on, rights and liabilities: See -Taxation, VIII. INDIANS, military duty, not subject to, § 1895. Separate schools for, § 1662. INEBRIATES. Home for inebriates and dipsomaniacs, § 30221/2. Home of in San Fi'ancisco, act relating to continued in force, § 19. INFAMOUS CRIME, cancellation of entry in great regis- ter on conviction of, § 1106. Person convicted of cannot be a voter, § 1084. INFANCY. Feeble-minded children: See Home for Fee- ble-minded Children. Act providing for guardians of orphans in asylums, p. 1107. Residence of minor child, § 52. Residence of unmarried minor, who cannot change, § 52. INFANTRY: See National Guard, XX. INJUNCTION against use of trade marks, § 3199. INNKEEPER, lien on goods, § 3152. Unclaimed property, §§ 3153-3157. See Unclaimed Property. INSANE ASYLUMS. I. Construction of statute relating to. II. State hospitals, enumeration of; rights and pow- ers of. III. State commission. IV. Board of managers. V. Directors. VI. Treasurer. VII. General superintendent. VIII. Medical superintendent. IX. Officers; assistants; employees. X. Funds and expenditures; manufacture and sale. of articles; supplies. XI. Visiting, investigating and examining. 1216 INSANE ASYLUMS, I-III. XII. Examination, commitment and admission. XIII. Patients. XIV. Homeopathic treatment. XV. Discharge; habeas corpus. XVi. Buildings and improvements. XVII. Private institutions. XVIII. Home for feeble-minded children. I. Construction of statute relating to. Common law, effect on, § 2198. Existing statutes, continuation of, § 2198. Pending actions and proceedings not affected by stat- ute, § 2199. Vested rights not affected, § 2199. II. State hospitals, enumeration of; rights and powers of. Acquiring and holding property, § 2146. Acquiring lands by condemnation, § 2146. Agnews' insane asylum, § 2145. Corporate powers, § 2146. Corporations, are, § 2145. Enumerated, § 2145. Facilities to be furnished to, § 2145. Insane, hospitals for treatment of enumerated, § 2145. Mendocino insane asylum, § 2145. Napa insane asylum, § 2145. Number of, § 2145. Purchases of land by to be approved by commission, § 2146. Railroads through grounds forbidden, § 2146. Southern California insane asylum, § 2145. Stockton insane asylum, § 2145. Streets or roads through grounds forbidden, § 2146. What are, § 2145. III. State commission. Actions against, right to maintain, § 2165a. Action to recover cost of examination of insane pa- tient, § 2197. Action to recover for support and expenses of patient, § 2197. Action to recover money due for support of patients, § 2194. Attested acts of, how are, § 2139. Attorney-general, assistant acts in absence of, § 2136. INSANE ASYLUMS, III. 1217 Authorities of hospitals to furnish information to, § 2144. Authority and power relative to insane not in state hospitals, § 2176. Buildings, plans, specifications, contracts, § 2158. Claims for damages against, how paid, § 2165a. Complaints against officers or management, proceed- ings on, § 2142a. Conferences with managers over management and im- provement, § 2143. Consists of whom, § 2136. Detention wards, investigation and approval of, § 2167. Duties of, enumerated, § 2142. Estimates for supplies, revising, § 2158. Expenses of, how and from what fund paid, § 2140. Governor, secretary of board of examiners acts In absence of, § 2136. Granting and revoking power to manufacture, § 2163. Lunatic acquiring property, applying for guardian, § 2179. Investigation into cases of wrongful detention, treat- ment, etc., § 2142a. Investigation into general management and adminis- tration, proceedings, § 2142a. Meetings, whei-e and how often held, § 2138. Monthly audit sheet, treasurer to send to, § 2160. Non-resident patient, powers and duties of in relation to, § 2191. Number of, .§ 2136. Office in state capital. Secretary of State to furnish, § 2138. Powers of, enumerated, § 2141. Process, order of other paper, how attested, § 2139. Purchases of land to be approved by, § 2146. Recommendations of commissioners to be placed on file in institutions, § 2166. Records of, § 2142. Removal of employees, superintendent to give infor- mation of, § 2155. Reports of, § 2142. Revising estimates for supplies, § 2153a. Salary, members act without, § 2136. Seal of, § 2139. Seal, process, order or other paper may be attested by, § 2139. Visiting hospitals and examining inmates, § 2142a. Pol. Code — 77 1218 INSANE ASYLUMS, IV-VI. Visiting, inspecting and examining by state commis- sioners, § 2143. "Visiting, inspecting and examining hospitals, § 2143. Visits to hospitals, reports and recommendations after, § 2143. Who are members of, § 2136. IV. Board of managers. Actions against managers, right to maintain, § 2165a. Appointment and removal of oificers, § 2152. Appointment and term of office, § 2147. Attorney, manager not to, act as, § 2162. Buildings, construction of, architect's plans, and let- ting of contracts, § 2151. Buildings, limitation on cost of, § 2151. Buildings, money for to be expended on approved plans and specifications, § 2151. Buildings, plans, specifications, contracts, § 2158. Claims for damages against, how paid, § 2165a. Compensation, § 2149. Duties of, enumerated, § 2150. Each hospital governed by, § 2147. Eligibility to office of manager, § 2148. Expenditures to be in conformity to statute, § 2162. Expenses of members, allowance of, § 2149. Manager not to be interested in contracts or supplies, § 2162. Meetings, failure to attend, vacancy in office, § 2148. Present trustees continue in office, § 2147. Purchases and expenditures on approval estimates of state commission, § 2158. Removal of members, grounds of, § 2147. Vacancies, filling and term of appointee, § 2147. Vacancy, failure of manager to attend meetings creates, § 2148. V. Directors. Appointed by governor, § 368. Powers and duties, where prescribed, § 712. Term of office, § 369. Vacancy in board, term of office of appointee, § 1003. VI. Treasurer. Appointment of, § 2152. Bond of, § 2152. Duties of, enumerated, §§ 2152, 2159. Law governing appointment, § 358. NSANE ASYLUMS, VII, Vm. 1219 Monthly audit sheet, § 2160. Monthly audit sheet, verification and affidavit, § 2160. Oath of, § 2164. VM. General superintendent. Appointment and term of office, § 2137. Duty in regard to nonresident patients, § 2191. Expenses, traveling and incidental, allowance of, § 2137. How often to visit hospitals, § 2143. Not to hold other office, § 2137. Qualifications "of, § 2137. Salary of, § 2137. Salary of, how and from what fund paid, § 2140. Visiting, inspecting and examining hospitals, § 2143. Vill. Medical superintendent. Absence of, who performs duties, § 2153. Admission of insane soldiers and sailors, § 2185a. Agreement for admission of patients, § 2185. Appointees not to be related, § 2153a. Appointments, what, to make, § 2153a. Appointments by, how made, § 2153a. Appointment of, § 2152. Appointments made by, § 2153a. Authority of, generally, § 2153. Chief executive officer, § 2153. Death of patient, duty in case of, § 2186. Discharge of patient: See post, XV, Discharge. Duties of, enumerated, §§ 2153, 2153a, 2154. Estimates for supplies, § 2158. Examination before appointment, § 2152. Family of, maintenance of at asylum, § 2154. Inventory, making of, § 2165. Law governing appointment, § 358. Monthly rate for support of patient, power to reduce, § 2180. Oath of, § 2164. Parole of patient, § 2189. Physical and mental examination of patients, § 2186. Private practice forbidden, § 2157. Qualifications and experience, § 2152. Removal of, § 2152. Removal of officers, power of and proceedings on, § 2155. Residence of, § 2156. Salary or, § 2154. 1220 INSANE ASYLUMS, IX. . IX. Officers, assistants and employees. Actions against officers, right to maintain, § 2165a. Appointees subject to examination, § 2153a. Assistant physicians, law governing appointment, § 358. Assistant physicians, private practice forbidden, § 2157. Assistant physicians, residence of, § 2156. Assistant physicians and internes, appointment and number of, § 2153a, Assistant physicians and internes, examination, § 2153a. Assistant physicians and internes, qualifications and experience, § 2153a. Assistant physicians and internes, salaries of, § 2154. Assistant physicians and internes, woman assistant, § 2153a. Attorney, officer not to act as, § 2162. Claims for damages against, how paid, § 2165a. Employees, state commission to determine kind and character of, § 2141. Examination of, § 2153a. Families of what assistants, maintenance of, at, § 2154. Homeopathic state hospital, assistant physicians and internes, qualifications, § 2153a. Internes, examination of, § 2153a. Internes, number of, § 2153a. Internes, qualifications of, § 2153a. Not to be interested in contracts, supplies, etc., §§ 2160, 2162. Not to be related to manager or superintendent, § 2153a. Powers and duties, where prescribed, § 712. Removal of, power of and proceedings on, § 2155. Removal of, taking active part in politics, § 2155. Residence of, § 2156. Salanep of officers and employees, state commission fixes, § 2141. Salaries of officers to be uniform, § 2141. Steward, affidavit of to monthly audit sheet of treas- urer, § 2161. Steward, oath of, § 2164. Steward, powers and duties, § 2161. Superintendent appoints what assistants, § 2153a. Superintendent: See ante VII, VIII, Superintendent. INSANE ASYLUMS, IX-XII. 12a Suspension of employees pending investigation, § 2155. Treasurer: See ante, VI, Treasurer. Woman assistant, § 2153a. X. Funds and expenditures; manufacture and sale of articles; supplies. Contingent fund, consists of what, § 2158. Contingent fund, how expended, § 2158. Contingent fund, moneys received for support of pa- tients, when paid into, § 2194. Expenditures to be in conformity to statute, § 2162. Manufactured articles, sale of, § 2163. Manufacture of materials and supplies, § 2163. Supplies, monthly, estimate of, § 2153a. Supplies, monthly, procuring of, § 2153a. Supplies, monthly, revision, approving and certifying by commission, § 2153a. Supplies, yearly, advertising for contracts, § 2153a. Supplies, yearly, bids for, right to reject, § 2153a. Supplies, yearly, contracts to lowest bidder, § 2153a. Supplies, yearly, estimates of, revision, approval and certifying by commission, § 2153a. XI. Visiting, investigating and examining. Authorities to furnish information as to inmates to state commissioners, § 2144. Complaints against officers or management, proceed- ing,: on, § 2142a. Investigation into cases of wrongful detention, treat- ment, etc., § 2142a. Investigation into general management and adminis- tration, proceedings, § 2142a. Visiting and inspecting, § 2143. Visiting by commissioners and examining inmates, § 2142a. Visiting, inspecting and examination by general super- intendent, § 2143. XII. Examination, commitment and admission. Action to recover cost of examination of patient, § 2197. Admission of Insane soldiers or sailors, § 2185a. Admission of patients under special agreement, § 2185. Arrest of person charged with insanity, how affected, § 2168. Arrest of person charged with insanity, proceedings on, § 2168. 1222 INSANE ASYLUMS, XII. Certificate where accused adjudged insane, § 2170. Commitment after verdict of insanity on jury trial, § 2174. Commitment, refusal to grant, proceedings on, § 2174. Commitment to asylum of insane, not properly cared for, § 2177. Commitment to asj^lum, order of, § 2171. Commitment to asylum, order of, county clerk to record and index, § 2171. Costs of determining insanity a county charge, when, § 2175. Costs of proceedings charged against i-'^'-'^n making accusation, when, § 2175. Costs of proceedings include what, § 2175. Costs o^' proceedings, what relatives to sustain, § 2176. Costs of proceedings, when chargeable to estate of accused, §§ 2175, 2176. Detention wards for persons charged with insanity, § 2167. District attorney to inquire into ability of accused to pay for maintenance, § 2178. Duty to transfer indigent insane to hospitals on order of court, § 2183. Female insane person, delivery to asylum, female at- tendant, § 2172. Hearing, attorney for accused, appointment of, § 2169. Hearing, compelling attendance of witnesses, § 2169. Hearing, duty of superior judge, § 2169. Hearing, medical examiner's attendance and duty of. § 2169. Hearing, presence of accused, § 2169. Hearing, time of, § 2168. Hearing, who to be examined at, § 2169. Home for feeble-minded: See post, XVHI, Home for Feeble-minded. Idiots, epileptics, etc., not committed to insane asylum, § 2175a. Indigent insane, duty of peace officers to, § 2183. Informing accused of his rights, § 2168. Judgment of insanity and order of commitment to asylum, § 2171. Jury trial, bond for appearance at trial, § 2174. Jury trial, commitment on verdict of insanity, § 2174. Jury trial, procedure, § 2174. Jury trial, right to, § 2174. INSANE ASYLUMS, XII, XIII. 1223 Medical examiners, attendance at hearing and duty of, § 2169. Medical examiners, certificate of on adjoining accused insane, § 2170. Medical examiners, number of, § 2167a. Medical examiners, qualifications of, § 21G7a. Medical examiners, superior judge to issue certificates, § 2167a. Non-resident patient, proceedings in relation to, § 2191. Notice of arrest, serving, § 2168. Patients not admitted without commitment except by special agreement, § 2185. Patients subject to general rules and regulations of asylum, § 2185. Personal cleanliness and clothing of person admitted, § 2183. Persons afflicted with certain mental disorders not committed to insane asylum, § 2175a. Recommitment of patient after discharge, § 2189. Refusing to receive accused at asylum where papers not properly prepared, § 2173. Sheriff, compensation for conveying patients to asylum, p. 1109, Stats. Sheriff, duty of to deliver accused to asylum, § 2172. XIII. Patients. Acquiring property, state commission may apply for guardian, § 2179. Admission of insane soldiers and sailors, § 2185a. Admission of, under special agreement, § 2185. Certified copy of certificate of discharge, effect of, § 2189. Cei'tified copy of certificate of discharge, recording and indexing, § 2189. Costs of proper clothing a county charge, when, § 2175. Death of, duty in case of, § 2186. Discharge of: See post, XV, Discharge. , Discharge of, manner of, § 2189. Discharge of, recommitment after, § 2189. Escape of patient, duty of sheriff, § 2190a. Expense of returning discharged patients to county, § 2189. Home for feeble-minded: See post, XVIII, Home for Feeble-minded. Homeopathic treatment: See post, XIV, Homeopathic Treatment. !24 INSANE ASYLUMS. Improved but not recovered, discharge of, § 2189. Improved but not recovered, proceedings for discharge, § 2189. Includes inmate of Home for Feeble-minded, § 2189. Indigent insane, duty of peace officer towards, § 2183. Maintenance, claim for support against estate on death of, § 2180. Maintenance, district attorney to inquire into ability to pay for, § 2178. Maintenance, duty of guardian to pay for, § 2181. Maintenance, duty to pay for, how enforced, § 2181. Maintenance, relatives may be compelled to pay for, when, § 2182. Maintenance, what relatives chargeable with, § 2176. ■Maintenance, when chargeable to estate, § 217G. May be discharged, when, § 2189. Monthly rate for support of, § 2180. Non-resident patients, powers and duties in relation to, § 2191. Not admitted to asylum except on commitment unless by special agreement, § 2185. Parole of, § 2189. Personal cleanliness and clothing of person committed, § 2183. Physical and mental examination of patients, § 2186. Property of, § 2159. Subject to general rules and regulations of asylum, § 2185. Superintendent, when to discharge, § 2189. Support of and expenses, action to recover, § 2197. Transfer of from asylum to home for feeble-minded children, § 2187. Transfer of, to another hospital, § 2187. Who is a prisoner, proceedings on recovery, § 2189. XIV. Homeopathic treatment. Assistant physician and internes, qualifications of, § 2153a. Patients desiring committed to what asylum, § 2184. Right to, § 2184. XV. Discharge; habeas corpus. Discharge, certificate of, discharge, filing and record- ing, § 2189. Discharge, certificate of, effect of certified copy of, § 2189. Discharge, clothing and money for expenses, § 2190. INSANE ASYLUMS, XV-XVIH. 1225 • Discharge, crime, patient charged with delivered to sheriff, § 2189. Discharge, expenses of return of indigent patient, § 2189. Discharge, parole of patient, § 2189. Discharge, recommitment of patient after, § 2189. Discharge, return of patient and expenses of, § 2189. Discharge, superintendent, power of to discharge pa- tients, § 2189. Discharge, superintendent, refusal to discharge', dis- charge by superior court, § 2189. Discharge, superintendent to state circumstances upon blanks. § 2186. Discharge, superintendent to discharge patients, when, § 2189. Discharge, superior court, discharge by, an-d proceed- ings on, § 2189. Discharge, support and maintenance of indigent pa- tient, § 2189. Discharge, what patients may be discharged, § 2189. Discharged, when patients to be -discharged, § 2189. Habeas corpus, return and hearing, § 2188. Habeas corpus, right to, § 2188. XVI. Buildings and improvements. Buildings: See Board of Managers, ante, IV. Building act of 1876 does not apply, § 2158. Conferences between managers and commissioners over improvements, § 2143. Plans, specifications and contracts, § 2158. XVII. Private institutions. Powers and duties of state commission in relation to, § 2196. Provisions for, § 2196. XVIII. Home for feeble-minded children. Admission to, procedure for, § 2192. Applicants, admission of without commitment, § 2194. Commitment, applicants may be admitted without, when, § 2194. Contingent fund consists of what, § 2158. Contingent fund, how expended, § 2158. Discharge of patients, § 2189. Duties of auditor and treasurer as to moneys for sup- port of patients, § 2193. Estate or relative's liability of for support of patient, § 2187. 1226 INSANE ASYLUMS, XVIII— INSPECTOR, ETC. Life tenure inmates, support of, § 2195. Moneys received from counties for support of patients, disposition of, § 2192. Object of, § 2145. Report, annual, of superintendent, § 2153. Report, monthly, of superintendent, § 2153. Support of applicants admitted without commitment, disposition of moneys, § 2194. Support of inmates, action for money due for, § 2194. Support of inmates by county, § 2192. Support of inmates, provision for, § 2195. Support of inmates who are self-supporting by labor or have paid, § 2195. Support of life tenure inmates, § 2195. Support out of estate or by relative, § 2192. Traijsfer of patients to insane asylum, § 2187. Transfer of patients to from insane asylum, § 2187. What persons to be received and cared for, § 2145. INSANE PERSONS: See Insane Asylums. Prisoner, insane, proceedings on recovery, § 2189. Return of to county or state to which he belongs, § 2191. INSANITY: See Insane Asylum. Cancellation of entry in great register on, § 1106. Vacancy in office on becoming insane, notice of, § 997. Vacant, office becomes, on, of incumbent, § 996. Voter, insane person cannot be, § 1084. INSIGNIA, military: See National Guard, XXVIII. INSOLVENCY. Insolvent act continued in force, § 19. Insurance companies, proceedings by insurance com- missioner, § 600 Insurance, person or company engaged in, when in- solvent, § 602. See Bankruptcy and Insolvency. INSPECTION, ballots, court may order, when, § 1265. Military: See National Guard, XXXI. Right of, of public records, § 1032. INSPECTOR OF GAS METERS, appointed by governor. § 368. Bond of. § 584. Deputies, may appoint, § 579. Meters, duty in inspecting, § 580. Meters, duty to inspect, § 580. Meters, fees for inspection, §§ 581, 582. Meters, reinspection of, § 581. Meter, using without inspection, punishment for, § 581, INSPECTOR, ETC.— INSURANCE COMMISSIONER. 1227 Meters, what not deemed correct, § 580. San Francisco, must reside in, § 583. Seal, to file copy with Secretary of State, § 578. Seal, to provide, § 578. Term of office, § 369. To provide testing apparatus, § 577. INSPECTOR OF STEAMBOATS, compensation, § 2376. To supervise spark-catchers, § 2375. INSTITUTES: See Schools. INSTRUCTION: See Schools, XXIII. Military: See National Guard. VIII. State superintendent of: See Schools, I. INSURANCE COMMISSIONER, actuary, compensation of. § 604. Actuary, may employ, § 604. Agent, absence of, stipulation for service on com- missioner, § 633. Agent acting for company that has not filed bond, punishment, § 633. Agent acting without license, punishment, § 633. Agent, acting wrongly as, § 633. Agent, company doing business through, what required from, § 608. Agent, conditions precedent to right to act as, § 633. Agent, failure to name, service on commissioner, § 616. Agent, license to act as, § 633. Agent, license fee for, § 633. Agents, list of, § 633. Agent upon whom summons may be served, §§ 616, 633. Assessor, to furnish with certain information, § 625. Attorney-general, proceedings by where company does not make up assets, § 601. Blank forms, may make changes in, § 615. Blank forms, same to be given all engaged in business, § 615. Blank forms, to furnish, § 615. Bonds from foreign company, § 623, Bond of, § 632. Bonds separate for each company represented, § 624. Certificate, company not to transact business without, § 596. Certificate, penalty for doing business without, § 596. Companies to file what articles, certificates, etc., with, §§ 607, 608. Companies to furnish list of policies, § 597a. Companies to furnish form of policies, § 597a. 1228 INSURANCE COMMISSIONERS. Deputy, salary of, § 629. Eligibility, § 594. Examination into companies, powers in relation to, § 597. Examination into companies, when and how conducted, § 597. Examine into companies, must, when, § 597. Expenses of, § 630. Expenses of, allowance and payment of, § 617. Expenses of, assessment on companies for deficiencies in, § 606. Expenses, contingent, § 630. Fees of, § 605. Fees and assessments, collection and disposition of, § 606. Fees and assessments, refusal to pay, penalty, § 606. Fines where companies refuse information and suits for, § 598. Foreign company, certificates for special agent to col- lect renewal premiums for, § 596. Foreign company, license revoked if action transferred to federal court, § 595. Foreign company, report of agent of, § 596. Forfeitures and penalties, collections of and suits for, § 596. Greneral duties of, enumeration of, § 595. Governor appoints, § 368. Insolvency, proceedings on, § 600. Insolvency, proceedings where company fails to make up capital stock, § 601. Insolvent, companies, when are, § 602. Liability for losses after time limited for making up assets, § 601. Liabilities, what charged as, § 612a. Life insurance companies, register of policies, § 634. Name of company, may reject, § 609. Name of corporation, to require, § 609. Office to be kept in San Francisco, § 631. Policies, companies to furnish list and form of, § 597a. Record of proceedings to be kept, § 603. Registry of policies, deposit for security of, S 634. Registry of policies with, § 634. Reports of, distributed, how, § 337. Reports of, number to be printed, § 337. Reserve, § 612a. Reserve fund, how computed, 612a, Retaliatory clause, § 622. INSURANCE COMMISSIONER— INSURANCE COMPANIES. 1229 Rooms, § 630. Salary of, § 628. Salary, assessment on companies for deficiencies in, § 606. Securities, amount, deposit in treasury and withdrawal of, § 634. Securities, annual examination into, § 621. Securities, deficiency in, failure to make up, proceeding on, § 621. Securities, deficiency in making up, § 621. Securities, deposit of to secure registered policies, § 624. Securities, deposit of, to protect policies, § 634. Securities, deposit of. with, § 618. Securities deposited with, certificate for, § 619. Securities deposited with, duty of commissioners, § 618. Securities deposited with, interest or dividends, § 618. Securities deposited with, returned when, § 620. Securities deposited with, withdrawal of and new se- curities, § 618. Security, what required under retaliatory clause, § 622. Special fund of, how constituted, § 630. Special fund, how drawn on, § 630. Statements by foreign corporations having on deposit over two hundred thousand dollars, § 612. Statements to by insurance companies, § 612a. Statements, failure to make, penalty, § 617. Statements, mutual companies may report stock notes as capital, § 614. Statements, publication of, § 611. Statements to be based on gold coin values, § 627. Statements to be filed with, § 611. Statement to be filed with, verification of, § 610. Statements, what to contain, §§ 611, 612, 613. Statements, when to be filed, § 611. Stationery, fuel, etc., § 630. Term of office, § 369. To require full compliance with provisions of Civil Code, § 626. Witnesses, compelling attendance, § 599. Witnesses, may issue subpoenas for, § 599. Witnesses, punishment for disobedience of subpoena, § 599. INSURANCE COMPANIES, agent, failing to name, service on insurance commissioner, § 616. Agent upon whom service may be had, naming, § 616. Agents for: See Insurance Commissioner. 1230 insurance: companies— insurrection. Bonds from, § 623. Bonds, separate for each company represented, § 624. Certificate, business not to be transacted without, § 596. Certificate, doing business without, punishment tor, § 596. Commissioner: See Insurance Commissioner. Fines for refusal to give information to companies, § 598. Foreign companies, tax on, § 622a. Foreign company, license revoked if it transfers action to federal court, § 595. Foreign, report of agent to commissioner, § 596. Foreign, special agent for collection of renewal pre- miums, § 596. Insolvent, when, § 602. Liabilities, what charged as, § 612a. Liability for losses after time limited for making up assets, § 601. Penalty for failure to comply with Civil Code, § 626. Policies, to furnish insurance commissioner form and list of, § 597a. Port warden not to be interested with insurers, § 2509. Registration of policies, § 634. Registration: See Insurance Commissioner. Reserve, § 612a. Reserve fund, how computed, § 612a. Sale of wrecks for account of underwriters, manner of, §§ 2507, 2508. Securities, amount, deposit in treasury and withdrawal of, § 634. Securities to protect policies, deposit of, § 634. Securities, deposit of with insurance commissioner: See Insurance Commissioner. Statements, failure to make, penalty, § Oj.(. Statements, filing and publication of, §§ 611, 612, 613. Statements, mutual companies may report stock notes as capital stock, § 614. Statements to insurance commissioner, § 612a. Statements: See Insurance Commissioner. Tax imposed on foreign companies other than life, § 622a. What articles, certificates, etc., to be filed with in- surance commissioner; § 607. INSURRECTION, governor may declare state of when, § 1917. Ordering out troops to suppress, § 1917. Revoking proclamation of, § 1917. INTELLIGENCE OFFICE— INVESTMENT COMPANIES. 1231 INTELLIGENCE OFFICE, license, § 3380. INTEREST on sale of public lands: See Public Lands, VIII. On sale of swamp and overflowed lands, § 3440. Publio lands, interest on sale of, from what time com- puted, § 3427. Reclamation districts, interest on delinquent assess- ments, § 3466. Reclamation district, warrants of, interest on, § 3457. School lands, interest on purchase price, § 3494. Warrants, interest on, §§ 4148, 4149, 4153. INTOXICATING LIQUORS: See Home of the Inebriates. Home for inebriates and dipsomaniacs, § 3022^^. Home of inebriates in San Francisco, act relating to, continued in force, § 19. License on those selling, §§ 3381, 3382, 3383. State board of health, duty as to: § 2980. INVESTMENT COMPANIES, act relating to, applies to what, § 635. Articles of incorporation, fees on filing, § 635c. Articles of incorporation, statement accompanying to show what, § 635c. Articles of incorporation to be filed with Secretary of State, § 635c. Attorney-general, duty of on noncompliance with stat- ute, § 635d. Attorney-general to examine into affairs, when, § 635i. Attorney-general to institute proceedings against, when, § 635i. Business not to be done until statute complied with, § 635k. Defined, § 635a. Deposit by with state treasurer, § 635b. Deposit, collateral for loans, computation of value, § 635g. Deposit, collateral for loans using as part of, § 635g. Deposit, dividends or profits on, right to use, § 635f. Deposit, exchanging securties, § 635f. Deposit, no business to be done before making of, § 635k. Deposit, substituting securities for cash, § 635f. Deposit, withdrawal on ceasing to do business, § 635e. Loans, amount that may be made, § 635g. Loans, note and security, § 635g. Officer or agent violating statute, punishment, § 635j. 1232 INVESTMENT COMPANIES— JUDGES. Reserve, deficiency in, action by attorney-general, § 6351. Reserve fund, amount of, § 635h. Reserve fund, investment of, § 6351i. Treasurer to notify attorney-general of noncompliance with act, § G350d. What are, § 635a. INVESTMENTS. Investment of funds from sale of school lands, § 680. INYO COUNTY, boundaries and county seat, § 3942, Fees of district attorney in, p. 1043, Stats. Legal distances from county seat of, § 163. Salary of county judge, § 4329. Salary of district attorney, § 4330. JOINT, authority, words giving, majority may act, § 15. JOINT RESOLUTIONS, time of taking effect, § 324. JOURNALS duty of journal clerk to keep, §§ 256, 257. Distribution of, § 409. Number to be printed, § 528. Oath of members of legislature entered upon, § 240. See Legislature. Official, of schools: See Schools, XXVIII. JUDGES, county, act authorizing to execute trusts in re- lation to certain town lands continued in force, § 4442. County are county officers, § 4103. County, election and term of office, § 4110. County, may administer oaths, § 4118. County, must reside at county seat, § 4119. County, salaries of, § 4329. County, salaries of, how paid, § 4328. County treasury, auditor and superior judge counting cash in and making statements, § 4221. County treasury, statements as to cash in. filing and posting, § 4222. County, vacancy, how filled, § 4115. Number, designation and mode of election, where prescribed, § 726. Oaths, may administer, § 1028. Police: See Police Judges. Residence of, restrictions upon, § 854. Superior judges: See Superior Judges. Supreme judges: See Supreme Judges. JUDGES OF THE PLAINS-JUSTICE OF THE PEACE. 1233 JUDGES OF THE PLAINS, acts relating to continued in force, § 19. JUDGMENTS, against delinquent purchaser of state lands, when bonds assigned, § 3552. Attorney-general to redeem from prior judgment or lien, § 470. Duty of attorney-general in relation to, § 470. In action affecting land titles, § 3416. In action against assessor for neglect, § 3662. Tax has effect of, § 3716. Lien, judgment on bond lien on realty, §§ 984, 987. Lien of judgment on bond, enforcement of contraat to sell realty affected by, § 987. Money, how computed in, § 3274. JURISDICTION, all persons subject to, of state, § 54. Police court, § 4427. Police court of Sau Francisco has over offenses on waterfi'ont, § 2544. Process, service in places ceded to United States, § 34. San Diego, police court of has jurisdiction of offenses in harbor, § 2597. State, no jurisdiction over places ceded to United States, § 33. State, territorial extent of, § 33. Suits arising out of delinquencies r bating to revenue funds, etc., of state, § 433. JURY, exemption of firemen from jury duty, §§ 3337, 3338, 3339. Exemption of honorary members of National Guard, § 2098. Exemption of members of National Gua? d from duty, § 2098. Grand jurors, expenses of a county charge, § 4344. Trial by jury on charge of insanity, § 2174. JUSTICE OF THE PEACE, appraisers of lost property, to appoint, § 3137. Appraisers, file list of, § 3138. Constable must attend courts of, § 4314. Contested election, to take testimony in, § 275. Contested election, powers in such cases, § 277. Contested election, duties in such cases, §§ 278, 279. Coroner may act as, when, § 4289. Disqualification of police judge to act in case of, § 4428. Duties of, where prescribed, § 4316. Pol. Code — 78 1234 JUSTICES OF THE PEACE— LAW. Election of, § 4110. Expenses in criminal examinations, what a county charge, § 4344. Fire, authority to order out persons to extinguish, § 3345. Oaths, may administer, § 4118. Term of office, § 4110. Term of office, how computed, § 4109. KERN COUNTY, boundaries and county seat, § 3941. Legal distance from county seat of to Sacramento, § 164. Salary of county judge, § 4329. Salary of district attorney, § 4330. KINDERGARTEN: See Schools, XVI. KINGS COUNTY, legal distance from county seat of to Sacramento, § 165. KLAMATH COUNTY, boundaries and county seat, § 3910. Salary of county judge, § 4329. Salary of district attorney, § 4330. LABOR: See Hours of Labor. LABOR ORGANIZATIONS: See Trademarks. LAKE COUNTY, boundaries and county seat, § 3917. Legal distance from county seat to Sacramento, § 166. Salary of county judge, § 4329. Salary of district attorney, § 4330. LAKE MERRITT, act to prevent destruction of fish and game in and near Lake Merritt continued in force, § 19. LANDS, PUBLIC: See Public Lands. LARCENY, petit, jurisdiction of police court, § 4426. LASSEN COUNTY, boundaries and county seat, § 3912. Legal distance from county seat to Sacramento, § 167. Salary of county judge, § 4329. Salary of district attorney, § 4330. LAW: See Legislature. Common, is rule of decision, § 4468. Definition of, § 4466. Revenue laws, violation of, proceedings on: See Tax- ation, XII. School, offenses against: See Schools, XXX. Will of supreme power, how expressed, § 4467. LAW OF THE ROAD— LEGAL DISTANCES. 1:535 LAW OF THE ROAD: See Highways, XVIII. LAZARETTOS for lepers, § 2952. LEAP YEARS, what are, § 3256. LEGAL DISTANCES, Alameda County, § 151. Alpine County, § 152. Amador County, § 153. Butte County, § 154. Calaveras County, § 155. Colusa County, § 15G. Contra Costa County, § 157. Del Norte County, § 158. Pil Dorado County, § 159. Fresno County, § 160. Glenn County, § 161. Humboldt County, § 162. Inyo County, § 163. Kern County, § 164. Kings County, § 165. Lake County, § 166. Lasser County, § 167. Los Angeles County, § 168. Madera County, § 169. Marin County, § 170. Mariposa County, § 171. Mendocino County, § 172. Merced County, § 173. Modoc County, § 174. Mono County, § 175. Monterey County, § 176. Napa County, § 177. Nevada County, § 178. Orange County, § 179. Placer County, § 180. Plumas County, § 181. Riverside County, § 182. Sacramento County, § 183. San Benito County, § 184. San Bernardino County, § 185. San Diego County, § 186. San Francisco CountJ^ § 187. San Joaquin County, § 188. San Luis Obispo County, § 189. San Mateo County, § 190. Santa Barbara County, § 191. Santa Clara County, § 192. Santa Cruz County, § 193, 1236 LEGAL. DISTANCESS— LEGISLATURE. Shasta County, § 194. Sierra County, § 195. Siskiyou County. § 196. Solano County, § 197. Sonoma County, § 198. Stanislaus County, § 199. Sutter County, § 200. Tehama County, § 201. Trinity County, § 202. Tulare County, § 203. Tuolumne County, § 204. Ventura Countv, § 205. Yolo County, § 206. Yuba County, § 207. Mileage, how computed, § 208. LEGISLATURE, attorney-general to give opinion in writ- ing to, § 470. Certificate of election, evidence of right to seat, § 236. Claims upon contingent funds of, how paid, § 673. Compensation of members, § 266. Contract, legislators not to be interested in, § 920. Fees not to be charged members by secretary of state, § 416. Fuel, lights and stationery, secretary of state to fur- nish for, § 413. Governor to transmit list of appointments to, § 381. Mileage of members, §§ 260, 267. Mileage, oflBcers who only allowed, § 237. Number of documents printed, §§ 527, 528. Resignations, how and to whom made, § 995. Secretary of State not to charge legislators for what services, § 416. Soliciting candidate for, punishment of, p. 1102, Stats. Time and place of meeting of, § 235. Tie vote for governor or lieutenant-governor, legisla- ture elects, § 1068. Vacancies in, how filled, § 998. Senate. Assistant secretary of, duties of, §§ 254, 261. Assistant sergeant-at-arms, duties of, § 260. Filling vacancies where senate has to confirm and is not in session, § 1000. Minute clerks of, duties of, § 255. Nominations to by governor, how concurred in, § 890. Nominations to by governor, how made, § 889. Number of documents printed, §§ 527, 528. LEGISLATURE. 12S7 Number of senators, § 225. OflBcers and employees of, § 245. Officers and employees removable, § 245. Organization of, § 238. Printing for, § 526. Resignations, how and to whom made, § 995. Salaries of officers and employees of, §§ 268, 269. Secretary of, duties of, §§ 252, 253, 261. Secretary of senate, appointments of, § 237. Sergeant-at-arms, duties of, § 259. Term of office, § 226. Assembly. Assembly, chief clerk of, appointments of, § 237. Assistant clerks of, duties of. §§ 254, 261. Chief clerk of, duties of, §§ 253, 261. Minute clerks of, duties of, § 255. Number of assemblymen, § 225. Number of documents printed, §§ 527, 528. Officers and employees of, § 246. Officers and employees removable, § 246. Officers and employees, salaries of, §§ 268, 269. Organization of, § 239. Printing for, § 526. Resignations, how and to whom made, § 995. Sergeant-at-arms, assistant, duties of, § 260. Sergeant-at-arms, duties of, § 259. Speaker, compensation, expenses and mileage, § 267. Speaker, ex-officio regent of state university, § 353. Term of office, § 226. Oath of members. Oath of members, § 906. To be entered on journals, § 240. "\i\Tiat officers of may administer oaths, § 252. Officers of. Governor commissions, § 891. How elected or appointed, § 247. Officers of, §§ 252-261. Officers of assembly: See ante. Assembly. Officers of senate: See ante, Senate. Sergeants-at-arms, appointments of, § 237. Salaries of, §§ 268, 269. Temporary, until organization effected, § 237. What only appointed before permanent organization, § 237. Who hold over until successors appointed, § 237. 40 1238 LEGISLATURE. Contesting elections. Commissions to take testimony, §§ 275, 276. Depositions of witnesses, taking of, §§ 275, 276, 278, 282. Depositions, sealing and transmitting, §§ 278, 281, 282. Fees of officers, § 280. Justice, inability to proceed, supplying vacancy, § 279. Justices may issue subpoenas and compel attendance of witnesses, § 277. Justices, powers and duties of, §§ 275, 276, 278. Notice by presiding officer of arrival of depositions, papers, etc., § 281. Notice of contest, service of, § 276. Sealing depositions, papers, etc., and transmitting to secretary of state, §§ 281, 282. Secretary of state to deliver depositions, papers, etc., to presiding officer of house, § 281. Statement of grounds to be filed in twenty days, § 274. Statement of grounds, verified, to be filed, § 274. Statement, service of copy of, § 276. Who may contest, § 273. Committees. Judiciary, codification and substitution of laws, §§ 249, 250. Judiciary, duties of, §§ 249, 250. Members ot may administer oaths, § 252. Standing, how appointed, § 248. Rules, may prescribe duties of, § 249. Bills, laws and resolutions. Acts, resolutions and journals, secretary of state has custody of, § 407. Bills, engrossing, § 539. Bills, enrollment of, § 539. Bills, in form of general law favorably reported, re- ferred to judiciary committee, § 250. Bills or resolutions passed to enrollment, printing, au- thenticating and sending to governor, § 528. Bills printed not amended considered engrossed, § 539. Bill, printed bill signed by governor deposited with secretary of state, § 528. Joint resolution, time of taking effect, § 324. Laws, indexing and binding of, § 528. Laws, manner of printing, § 529. Laws, number to be printed, § 528. Laws, printing and distribution of, § 528. LEGISLATURE— LICENSE. 1233 Laws, resolutions, etc., secretary of state to deliver to state printer index of, § 408. Notice that law signed sent to state printer, § 528. Secretary of state, how to distribute laws, journals, etc., § 409. Journals. And appendixes, indexing and binding of, § 528. And appendixes, printing of, § 528. Binding of, § 256. Manner of printing, § 529. Official, depositing with secretary of state, § 256. Printing, approving, authenticating, §§ 256, 528. Supplying copies daily to members, § 256. Witnesses and subpoenas. Subpoena, arrest of witness disobeying. § 303. Subpoena, arrest of witness, what authority sufficient, § 303. Subnoenas, disobedience of, punishment for contempt, § 302. Subpoenas, power to issue, § 300. Subpoenas, service of, § 301. Subpoenas, sufficiency of, § 300. Witness, privilege of, § 304. Witness not to be held criminally, § 304. LEPERS: See Health; Immigration. LEVEES: See Reclamation Districts. Injuries to and actions for, § 3490. Reorganization of levee districts, § 3489. LEVY of tax: See Taxation, IV. LIBRARIES: See State Library, Supreme Court Library. ScBool libraries: See Schools, XX. LICENSE, actions against person failing to take out, § 3360. Action for, evidence and defenses, § 3362. Action for, jurisdiction of police court, § 4427. Animals kept for propagation, § 3385. Auctioneers: See Auctions. Auctioneers, classification and licenses, § 3376. Auditor to certify account monthly to treasurer, § 3358. Auditor to affix official seal to, § 3357. Auditor to issue for tolls, § 3378. Auditor to keep account of licenses, § 3358. Auditor to keep stumps of licenses delivered to tax collector, § 3358. 1240 LICENSE. Auditor to number, sign and deliver to tax collector, § 3357. Auditor to prepare and print, § 3356. Auditor to take receipt for from tax collector, § 3357. Bankers, § 3379. Billiard table, § 3380. Bowling alley, § 3380. K^ Business upon which may be imposed, §§ 3366, 4405. Circus, etc., § 3380. City, license under statute gives no rights in, when, § 3359. City, required in addition, when, § 3359. Class of, ascertained, how, § 3361. Class of, statements as to amount of business, penalty for underestimate, § 3361. Collection of, manner of, § 4045. Collection, officers other than tax collectors required to collect, duties of, § 3387. Commercial travelers, what not subject to, § 3366. Exempt from, soldiers, sailors and marines honorably discharged, § 3366. Exhibitions, § 3380. Exhibitions for schools, churches and charities ex- empted, § 3386. Fees for issuance and disposal, § 3364. Ferry, changing, § 2846. Ferry, connecting two counties, license, § 2851. Ferry, estimates used in fixing, §§ 2848, 2849. Ferry, for, § 2845. Ferry, issuance of, § 2849. Ferry, limit on amount of, § 2846. Ferry, proceedings in fixing, § 2848. Ferry, revenue from, purchasing toll roads or bridges with, § 2857. Form of, § 3356. Hawkers, § 3384. Intelligence office, § 3380, Intoxicating liquors, license on those selling, §§ 3381 3382, 3383. Intoxicating liquors, not required of physicians or druggists, § 3383. Jugglers, necromancers, magicians, etc., § 3380. Livery stable keepers, § 3382. Menagerie, § 3380. Merchants, § 3382. Money, license of persons loaning, § 3379. Pawnbrokers, § 3380. LICENSE— LIEN. 1241 Peddlers, § 3384. Private insane asylum, for, § 2196. Proceedings against delinquent, evidence and defenses, j § 3362. » Proceedings against person failing to take out, § 3360. Rates of, time to fix, § 4045. Rights under, § 3359. Securities, license of persons buying or selling, § 3379. Separate for each branch of business, § 3359. Soldiers, sailors and marines honorably discharged, exempt from, § 3366. State treasurer to print and forward to auditors, § 433. Statements as to business done, § 3361. Supervisors, powers of in imposing, § 3366. Tax collector, duty of regarding, § 3361. Tax collector, license for tolls to be obtained from, § 3378. Tax collector, to make monthly settlements and pay- ments, § 3363. Tax collector to return unsold licenses monthly, § 3363. Time to procure, § 3359. Theaters, § 3380. Toll bridges, § 2845. Toll bridge, changing, § 2846. Toll bridge, connecting two counties, license, § 2851. Toll bridge, estimates used in fixing, §§ 2848, 2849. Toll bridge, issuance of, § 2849. Toll bridge, license for issued, when, § 2878. Toll bridge, limit on amount of, § 2846. Toll bridge, proceedings in fixing, § 2848. Toll bridge, revenue from license purchasing toll roads or bridges with, § 2857. Tolls on bridges, ferries, wharves, chutes, and piers, § 3378. Toll on bridges, ferries, wharves, chutes and piers, who to issue, § 3378. Upon whom may be imposed, §§ 3366, 4405. LIEN, assessment by reclamation district is, §§ 3463, 3466. Fines or penalties for violating immigration laws, §§ 2955. 2959. Judgment on bonds, §§ 984, 987. Judgment on bond, enforcement of contract to sell realty affected by, § 987. Poll tax, § 3860. Tax due on personal property, on real property, § 3717. Tax, lien of: See Taxation, VII. Tax on real property, on what, § 3718. 1242 LIEN— LIMITATIONS. Tax on improvements, on what, § 3718. Taxes, levy of as, § 3716. Wharfage to be, § 2524. LIEUTENANT-GOVERNOR, board of directors of state prison, member of, § 367. Contest of election, any elector may contest, § 288. Contest of election, notice of contest, serving of, § 290. Contest of election, notice to houses that specifica- tions received, § 291. Contest of election, time for, § 289. Contest of election, trial committees, how chosen, § 292. Contest of election, trial committee, judgment of and conclusiveness of, § 295. Contest of election, trial committee, notice of choice and entry in journals, § 293. Contest of election, trial committee, powers and duties of, § 294. Contest of election, verified specification of grounds of contest, § 289. County clerks to make and seal certified copies of re- turns for, §§ 1292, 1293. County clerks to send certified copies of returns for to what legislators, §§ 1294, 1'295. Duties prescribed by constitution, § 396. Mode of election of prescribed by constitution, § 348. Oath of, § 905. Per diem and mileage, of, § 397. Regent of state university, ex-officio, § 353, Resignation, how and to whom made, § 995. Returns for, opening, canvassing, and declaring, § 1296. Tie vote, legislature elects, § 1068. Warden of state prison, is, § 367. LIFE INSURANCE CORPORATIONS, foreign, tax on, § 622a. Insolvent when, § 602. Register of policies, § 634, Securities, amount in treasury and withdrawal of, § 634. Securities, deposit of to protect policies, § 634. LIMITATIONS, code, effect of on. § 9. Of actions to quiet title to certain lands, § 3417. Of actions for injuries by mobs or riots, § 4454, Warrants of reclamation district, on, § 3457. LIQUOR— MADERA COUNTY. 1243 LIQUOR not to be sold within a mile of university, § 1405. Penalty, § 1405. License for retailing, §§ 3381, 3383. LIS PENDENS, filing in actions on reclamation assess- ments, § 3466. LIVERY-STABLE KEEPERS, license, § 3382. LOCAL taxes, collection of: See Taxation, IX, 4. LOS ANGELES CITY, normal school in, acts establishing and making appropriations for, pp. 1101, 1102. LOS ANGELES, boundaries and county seat, § 3945. Legal distance from county seat of to Sacramento, § 168. Salary of county judge, § 4329. Salary of district attorney, § 4330. LOST COMMISSION. Issuing of new commission, § 1925. LOST PROPERTY, appraisers, appointment of, § 3137. Appraisers, lists of to be filed, recorded and posted, § 3138. Appraisers to make two lists of property, § 3137. Duty of finder where owner known, § 3136. Duty of finder where property not known, § 3126. Duty of person saving property, § 3136. List of to be filed, recorded and posted, § 3138. Owner appearing and claiming property within on*} year, rights of, § 3140. Penalty where finder fails to make discovery, § 3141. Proceedings where no owner appears within six months, § 3139. Proof, how made, § 3142. Title to when vests in finder, § 3139. LOST WARRANTS: See Public Lands, V. LUMBER, drift, failure of owner to take away, proceed ings on, § 2391. Drift, owner may reclaim, § 2390. Drift, owner reclaiming, damages, § 2390. Drift, sale of, proceeds, disposal of, §§ 2392, 2393. Drift, sale of, rejection of claim to proceeds and actioil on, § 2393. Floating, defined, § 2389. Supervisors may improve streams to float, § 4085. LUNATICS: See Insane Asylums; Insanity. MADERA COUNTY, legal distance from county seat of to Sacramento, § 169. 1244 MAGISTRATE— MARIPOSA COUNTY. MAGISTRATE, definition of, § 17. Superio" judge to perform duties of, § 4134. MAJOR-GENERAL of National Guard: See National Guard, XI. MAJORITY, joint authority, may act, § 15. MALICIOUS MISCHIEF, jurisdiction of police court ovej , § 4426. MANDAMUS. Compelling entry of name on great regis- ter, §§ 1108, 1109. MAPS, certain, to be delivered to clerk of sunervisora § 3654. City maps for purposes of assessment, § 3658a. Of boundary lines heretofore made valid, § 3973. Supervisors to furnish to assessor, § 3658. MARE ISLAND pilot commissioners: See Pilot CommiJ- sioners. Pilots for: See Pilots. MARIN COUNTY boundaries and county seat, § 3957. Legal distance from county seat of to Sacramento, § 170. Salary of county judge, § 4329. Salary of district attorney, § 4330. MARINE INSURANCE COMPANIES, foreign, tax on, § 622a. Insolvent when, § 602. MARIPOSA BIG TREES, commissioners of, duties of where prescribed, § 726. Commissioners of, law governing appointment and terms of oflBce, § 357. Commissioners of, powers of, generally, § 3584. Commissioners to manage, number and appointment of, § 3584. Guardian of, appointment and term of office, § 3585. Guardian of, duties and compensation of, § 3585. Report of commissioners, § 3586. MARIPOSA COUNTY, act to protect stockraisers in con- tinued in force, § 19. Boundaries and county seat, § 3938. Legal distance from county seat of to Sacramento, § 171. Salary of county judge, § 4329. Salary of district attorney, § 4330. MARK— MARRIAGE, 1246 MARK. Signature, how made by, § 17. Signature includes, § 17. Subscription includes mark, § 17. MARKET, free, act authorizing harbor commissionerH to establish in San Francisco, p. 1096. MARKS AND BRANDS. Act concerning marks and brands in Siskiyou County continued in force, § 19. Animals, how marked or branded, §§ 3171, 3172. Animals to be branded before what age, § 3172. Apprentice, child, servant, etc., not to use different, § 3183. Apprentice, child, servant, etc., may use different when, § 3183. Apprentice, child, servant, etc., of, to be recorded, § 3183. As evidence as to ownership of branded animals, §§ 3168, 3172. Dispute as to person first recording entitled to, § 3172. Hides of slaughtered cattle to be kept fifteen days, § 3185. Mismarking or misbranding, duty of person knowing of, § 3184. More than one not to be used, § 3170. More than one, penalty for using, § 3183. Penalty for using of another, § 3183. Penalty for using other than recorded, § 3183. Persons selling animals to counterbrand or give writ- ten description, § 3182. Recorder, not valid unless, § 3170. Recorder, duty of as to, §§ 3168, 3169. Recorder, fees of, § 31.68. Recording of, § 3168. To be different from any other in use, § 3167. What cannot be made, § 3171. MARRIAGE, certificate of registry, filing, § 3076. Certificate of registry, form and contents, § 3076. Certificate of registry, recording, manner of and duty of recorder, § 3078. Certificates of: See Registration; Recorders; State Board of Health. Certificates of, fees, none to be charged for recording, § 3078. Certificates of, transmitting monthly to state registrar and duty of state registrar, § 3078. Certified copies of records of, as evidence, § 3083. 1246 MARRIAGE— MEETINGS. Certified copies of records of, fees for, § 3083. Certified copies of records of, state registrar to furnish, § 3083. Registration: See Registration. MARRIED WOMEN, Residence of, § 52. MARSHAL, bond of, § 4374. Census: See Schools, VII. Collector of taxes, § 43^9. Deputies, § 4389. Duties of, § 4389. Elective oflacer of city, § 4370. Executiv officer of city, § 4385. Qualifications of, § 4370. Qualify, how, § 4370. Taxation, powers and duties in relation to: See Taxa- tion, X, § 6. Term of office, § 4370. MARSH LANDS: See Public Lands, XL MASCULINE includes feminine and neuter, § 17. MASTER AND SERVANT. Hours of labor: See Hours of Labor. Intoxicated driver, duty to discharge, § 2933. Liability of employer for road poll tax assessed agRinst employee, § 267L Negligence of driver, liability of owner for, § 2936. MAYOR, common council, president of, §§ 4388, 4403. Elective officer of city, § 4370. Executive officer of city, §§ 4355, 4385. Harbor commission, ex-officio member of, § 2531. Powers and duties of enumerated, §§ 4386, 4388. President of board of health in San Francisco, §§ 3005, 3006. Qualifications of, § 4370. . Qualify, how, § 4370. Term of office, § 4370. MEASURES: See Weights and Measures. State sealer of weights and measures: See Sealer of Weights and Measures. MECHANICS' INSTITUTES, president of ex-officio re- gent of state university, § 353. MEDALS: See National Guard, XXVIII. MEETINGS, supervisors: See Supervisors. MENDOCINO COUNTY— MILITARY ROLL. 1247 MENDOCINO COUNTY boundaries and county seat, § 3918. Legal distance from county seat of to Sacramento, § 172. Salary of county judge, § 4329. Salary of district attorney, § 4330. MERCED COUNTY boundaries and county seat, § 3934. Legal distance from county seat of to Sacramento, § 173. Salary of county judge, § 4329. Salary of district attorney, § 4330. MERCHANTS, license, § 3382. MERIDIAN, surveys to be by true, § 4271. METERS: See Inspector of Gas Meters. MIDWIVES to make reports of births and stillborn, §§ 3024, 3075. MILEAGE. Assessor seizing and selling personalty, mile- age of, § 3793. Computation of distance, § 208. Controller to deduct, from payments made by treas- urer, § 3871. Legislative officers, who only allowed mileage, § 237. Legislators, § 266. Lieutenant-governor, § 397. Members of county board of education, § 1770. Messenger to deliver presidential returns, § 1312. Presidential electors, of, § 1321. Speaker of assembly, § 267. Supervisor, of, as road commissioner, § 2641. Treasurer, §§ 3866, 3871, 3876. Trustees of state normal school, § 1492. MILE-STONES: See Highways, XL MILITARY AUDITORS: See National Guard. Attorney-general is member of board of, § 470. MILITARY LAWS: See National Guard. Insane soldiers and sailors, admission to asylums, § 2185a. Soldiers, sailors and marines exempt from license tax, § 3366. MILITARY OFFICERS: See National Guard. MILITARY ROLL, assessor to make out, § 1897. Compensation of assessors for making, § 1901. Correction of by board of equalization, § 1899. Penalties for dereliction as to, § 1898. Tax collector makes out in San Francisco, § 1897. 1248 MILITIA— MONEY. MILITIA: See National Guard, MINISTERS exempt from immigration laws, § 2963. Exempt from military duty, § 1896. MINORS: See Home for Feeble-Minded Children. MISCONDUCT, officers of: See Offices and Officers. MISDEMEANOR. Bribery of member of school board, § 1879. Bridge, injury to, § 2737. Disturbing public school or public-school meeting, § 1868. Harbor-master of Eureka, refusal to obey orders of, § 2570. Jurisdiction of police court over, § 4426. National Guard, hindrance or obstruction of, § 2094. Placing animals or refuse near roads or street, § 2737. Purity of elections, violation of provisions of act, pp. 1044 et seq. Removal of copy of posted result of election, § 1261. School certificate or diploma, issuing without author- ity is a, § 1869. Soliciting candidate for office, p. 1102, Stats. Teacher, abusing in presence of class, § 1867. Teacher or officer of schools acting as agent for sup- plies, § 1870. Vital statistics, neglect or refusal of duty, § 3082. MISNOMER, not to invalidate tax sales, § 3807. MISTAKE. Assessment, what mistakes do not affect, § 3807. MOBS, action for to be brought within year, § 4454. Contributory negligence defeats action for injury from, § 4456. Firing upon by militia, § 1921. Levees or other works of reclamation, injuries to by, § 4457. Liability of city for injuries by, § 4452. Venue of action for injuries from, § 4453. Warrant and tax to pay judgment for injuries from, § 4455. MODOC COUNTY. Legal distance from county seat of to Sacramento, § 174. MONEY, amount, how computed and stated in judgments and executions, § 3274. Of account in public accounts, § 3272. Of account, what is the, §§ 3272, 3273. MONO COUKTY— MUNICIPAL CORPORATIONS. 1249 MONO COUNTY boundaries and county seat. § 3935. Legal distance from county seat of to Sacramento, § 175. Salary of county judge, § 4329. Salary of district attorney, § 4330. MONTEREY COUNTY, act to protect stock-raisers in con- tinued in force, § 19. Boundaries and county seat, § 3948. Legal distance from county seat of to Sacramento, § 176. Salary of county judge, § 4329. Salary of district attorney, § 4330. MONTH, meaning of, § 17. School month, what constitutes, § 1697. See Schools, XXIV. MORTGAGE, index, § 4236. Recorder to furnish list to board of equalization, § 3678. To be recorded, § 4235. Tax on incumbered property: See Taxation, VIII. MUNICIPAL CORPORATIONS. Accounts and demands, how audited and paid, § 4387. Act authorizing cities to execute trusts in relation to town lands continued in force, § 4442. Act authorizing county judges to execute trusts in re- lation to town lands continued in force, § 4442. Act establishing to fix time of first election and num- ber of council, § 4366. Action for breach of contract or damages, jurisdiction of police court, § 4427. Action for money due to, jurisdiction of police court over, § 4427. Action to recover personalty by, jurisdiction of police court, § 4427. Acts consolidating cities and counties, § 19. Acts relating to continued in force, § 19. Assessments by, jurisdiction of police court over ac- tions for, § 4427. Assessor, duties of, § 4390. Authority to lay gas and water mains, granting, §§ 4410, 4411, 4413. Bodies politic and corporate, § 4354. Bonds, notice to be given certain officers when ready to be sold, § 681. Bonds of officers, additional, § 4374. Boundaries, how changed, § 4357. Charters, election for, p 1043, Stats. Pol. Code — 79 ._, .i MUNICIPAL CORPORATIONS. Cities, definition of, § 4354. Cities, what are, § 4356. City attorney: See City Attorney. City clerk, duties of, § 4373. City treasurer: See Treasurer of City. Clerk, common council to choose, § 4409. Contracts for gas and water, § 4412. Election, first, of city oflicers, notice by whom and how given, § 4367. Election, first, of city officers, returns, declaration of result and certificates, § 4367. Elections, municipal, where held separate from state, act relating to, p. 1043, Stats. Elections, qualified electors, who are, § 4368. Elective officers of city enumerated, § 4370. Elective officers of, qualifications of, § 4370. Executive officers of, who are, § 4385. Freeholders, election for, p. 1043, Stats. Funding and refunding city indebtedness: See Public Debt. Highway law does not apply to coaches and carriages in cities, § 2937. Marshal: See Marshal. Mobs or riots, action for, when to be commenced, § 4454. Mobs or riots, contributory negligence defeats action for, § 4456. Mobs or riots, liability for injuries by, § 4452. Mobs or riots, venue of actions for, § 4453. Mobs or riots, warrant and tax to pay judgment, § 4455. Officers, common council to provide for appointment, election and term of office, § 4369. Officers, oath of office and bond, § 4374. Powers, executive, vested in mayor, § 4355. Powers, general and special, § 4354. Powers, judicial, vested in police court, § 4355. Powers, legislative, executive and judicial, have, § 4355. Powers, legislative, vested in common council, § 4355. Street improvements, power to make, § 4409. Streets or alleys, condemning private property for, § 4372. Supervisors: See Common Council. Swamp and overflowed lands within two miles of, law governing, § 3488. Taxes, city, manner of assessing values and collect- ing taxes, § 4390. Taxes, limitation upon amount of city taxes, § 4371. MUNICIPAL CORPORATIONS— NATIONAL GUARD. 1251 Vacant, office, when becomes, § 4372, Wards in city, number and boundaries of, § 4404. Wards, supervisors may change, § 4404. Wharves, in, §§ 2914, 2920. What are cities, § 4356. MUSTER: See National Guard, XXX. MUSTER ROLLS: See National Guard, XXX. MUTUAL INSURANCE COMPANIES, insolvent when, § § 602, NAMES, changes of, secretary of state to record, § 408. Error in, not to invalidate sale for taxes, § 3807, Order or decree changing, fee for filing, § 416. Of county, § 4002. NAPA COUNTY boundaries and county seat, § 3958. Legal distance from county seat of to Sacramento, § 177, Salary of county judge, § 4329, Salary of district attorney, § 4330. NAPA CREEK, toll bridge not permitted over, § 2872. NAPA RIVER. Act to prevent destruction of fish in Napa River continued in force, § 19, NATIONAL BANK, taxation of shares in, §§ 3609, 3610. NATIONAL CITY, mayor of ex-officio member of San Diego Harbor commission. § 2587. NATIONAL GUARD. 1. General Provisions. II. Actual Service. III. Adjutant-general. IV. Arms, Uniform and Equipment. V. Artillery. VI. Board of Examination. VII. Brigades. VIII. Brigadier Generals. IX. Casualties. X. Cavalry. XI. Chaplains. XII. Colors. XIII. Commander-in-chief. XIV. Commissions. XV. Companies. XVI. Courts-martial. XVII. Discharge. 1252 NATIONAL GUARD, ^ XVIII. Drills. XIX. Duty. XX. Engineers. XXI. Enlistment. XXII. Enlisted Men. XXIII. Exemptions and Privileges. XXIV. Fines and Penalties. XXV. Honorary Members. XXVI. Hospital Corps. XXVII. Infantry. XXVIII. Insignia, Decorations and Medals. XXIX. Inspection; Muster; Muster-roll. XXX. Instruction. XXXI. Judge Advocates. XXXII. Medical Department. XXXIII. Military Courts. XXXIV. Military Roll. XXXV. Music. XXXVI. Naval Militia. XXXVII. Oaths. XXXVIII. Officers. XXXIX. Parades. LX. Pay and Allowances. XLI. Resignation and Retirement. XLII. Rules; Regulations; By-laws. XLIII. Signal Corps. XLIV. Special Enrollment. XLV. Staff. I. General Provisions. Camp, arrest of trespassers or disturbers, § 2095. Changes in regular army to be adopted in, § 1927. Composition of. § 1925. Custom and usage of United States Army or Navy govern where no provision, § 2104. Discipline and exercise conform to that of United States Army. § 2012. Divided into active and reserve militia. § 1906. Fees, none to be charged for administering oaths, § 2106. Practice marches, to participate in, annually, § 2005. Reserve militia, what constitutes, § 1906. Small arms practice, decorations for excelling In, § 2009. NATIONAL GUARD, I-III. 1253 Strength of, § 1925. Target practice, expenditures for, power of adjutant- general, § 2079. United States Army, laws, rules and regulations of, govern, generally, § 1919. War service regarded as service in, § 2010. II. Actual service. Active militia, what constitutes, § 1906. Articles of war of United States govern, § 1918. Articles of war of United States, death penalty inflicted under when only, § 1918. Commission of officer, how long continues. § 1916. Firing upon mob, discretion of officer, § 1921. Firing upon mob, liability of officer ordering, § 1921. Firing upon mob, penalty, for using blank cartridges, § 1921. Imprisonment other than in guardhouse, how inflicted, § 1918. Insurrection, governor may declare state of, when, § 1917. Insurrection, ordering out troops to repress, § 1917. Insurrection, revoking proclamation of, § 1917. Members, actions against, attorney general and district attorney to defend, § 1922. Members not liable for acts in line of duty, § 1922. Organization and command of troops from different commands, § 1915. Persons drafted, summoning and rendezvous of, § 1911. Refusal to rendezvous, penalty, § 1912. Reserve militia, called into, drafts or volunteers from, § 1910. Reserve militia called out, organization, equipment and discipline, § 1914. Reserve militia, called out, time of enlistment, § 1914. Reserve militia, when may be called into, § 1909. Retirement, ordering into service afterwards: See post, Resignation and Retirement. Substitutes, § 1913. Troops under direction of civil officer, how far to obey orders, § 1920. Upon whose call may be called into, § 1909. Vacancy among officers, governor fills, § 1916. When may be called into, § 1909. Who may call into, § 1909. III. Adjutant-general. See post, Pay and AUowancea. 1254 NATIONAL, GUARD, III, W. Assistants and clerks, § 1923, Assistant performs duties in absence of, § 1923. Assistant, salary of, § 2086. Assistant, to appoint, § 1923, Bond of, § 1924. Clerks and employees of, salaries, § 2086. Controls military department of state, § 1923. Duties, general, enumerated, § 1923. Di'ties performed under direction of commander-in- chief, § 1923. Ex-officio chief of ordinance, § 1923. Bx-officio chief of staff, § 1923. Ey-ofl5cio commissary general, § 1923. Ex-ofl3cio inspector general, § 1923. Ex-officio paymaster general, § 1923. Rx-officio quartermaster-general, § 1923. Expenditures for target practice, may make at any time, § 2079. Purchases, duties in relation to, § 1923. Purchases, how made, § 1923, Salary of, § 2086. Seal, § 1923. Subordinate only to governor, § 1923. IV. Arms, uniforms and equipments. Accounts for to be certified by inspecting officer, § 2043. Bids for, § 2043. Bonds of officers controlling property, § 2081. Full dress uniform, power to adopt, § 2042. Not to be loaned or given, § 2046. Not to be used except on duty, § 2046. Officers to provide themselves with, § 2040. Property purchased enumerated in annual muster roll, § 2044. Property purchased with state money to be state prop- erty, § 2044. Purchase of uniforms and equipments, manner of, § 2043. Responsibility of person to whom issued, § 2045. State to provide necessary, § 2039. To be kept in proper repair and condition, § 2039. Transportation of, to be contracted for, § 2082. Transportation of, vouchers for, payment of, § 2082. Uniforms of enlisted men, § 2041. Value of and responsibility for lost property, how de- termined, § 2045. NATIONAL GUARD, V-XI. li5i>S V. Artillery. Coast, companies to be organized into battalion, § 1932. Coast, officers and noncommissioned officers of battal- ion, § 1932. VI. Board of examination. Adverse finding and dismissal, § 1964. Examining board: See post, Officers. Examination and re-examination of officers: See post. Officers. Failure to appear before, effect of, § 1964. Number of, § 1964 Officer may be ordered before, when, § 1964. Powers of, § 1964. Proceedings before, § 1964. What officers disqualified to act, § 1964. VII. Brigades. Each to be commanded by brigadier general, § 1926. To be organized into two, § 1926. VIII. Brigadier generals. Appointment and confirmation, § 1957. Brigade commander, courts-martial, power to appoint, § 2019. Pay and allowances of, § 2079. Qualifications required of, § 1953. Staff officers, appointment and term of office, § 1957. To make muster roll annually, § 1902. IX. Casualties. Expenses of wounded or disabled men to be paid, § 2099. Widow and children of member killed, legislature to provide for, § 2099. X. Cavalry. Officers and noncommissioned officers of squadron of, § 1933. Officers of troop of, § 1933. Troops of to be organized into squadron, § 1933. XI. Chaplains. Appointment and term of office, § 1957. Exempt from examination, § 1954. To be regularly ordained ministers, § 1953. 56 NATIONAL GUARD, XII-XVI. XII. Colors. What only to be carried while under arms, § 2105. What to be carried, § 2105. XIII. Commander-in-chief. Appoints what officers, § 1957. Bi-evet commissioners, power to confer, § 1968. Chaplain of naval militia, appoints, § 2112. Courts-martial, power to appoint, § 2019. May appoint officers where no choice at election, § 1958. May order officer before board of examination, when, § 1964. May organize National Guard into two brigades, § 1926. Medical department, to designate number of noncom- missioned officers and privates, § 1929. Medical officers, assignment to duty by, § 1929. Naval militia, applying to -president for detail of of- ficers for, § 2112. Naval militia, appoints officers of medical department of, § 2112. Naval militia, power of over, § 2112. Naval militia, power to locate, § 2111. Governor is, § 1907. Powers o^ enumerated, § 1927. Rules and regulations, power to make, § 2103. Staff of, § 1908. To fill vacancies, in unattached organizations, § 1958. Upon whose call may call National Guard into active service, § 1909. XIV. Commissions. Brevet, effect of, § 1968. Brevet, power to confer, § 1968. Loss or destruction, issuance of new commission, § 1966. New, need not be issued on re-election, § 1966. XV. Companies. Not to consist of less than fifty enlisted men, § 1927. Number not to exceed seventy-eight, § 1925. XVI. Courts-martial. See post, Military Courts. Absence from drills, § 2006. Appearance and pleading waives irregularities, § 2022. NATIONAL GUARD, XVI-XIX. 1267 Books, papers, etc., power to compel production, § 2023. Charges, service of, § 2022. Commissions, to take testimony, issuance of, § 2023. Contempt, power to punish for, § 2023. Fines and penalties, how collected, § 2026. Power of courts, § 2023. Punishments, what may inflict on conviction, § 2020. Release, service of charges and trial after, § 2022. Sentence, appeal, effect of and proceedings on, § 2021. Sentence, appeal, right of, § 2021. Sentence, officer not dismissed without approval of commander-in-chief, § 2021. Sentence, revision and approval or disapproval by offi- cer appointing, § 2021. Subpoenas, § 2023. Trial, time of holding, § 2022. What officers may appoint, § 2019. Witnesses, delinquent, punishment of, § 2023. Witnesses, power to compel attendance, § 2023. Witnesses, report of delinquency and proceedings against, § 2023. XVII. Discharge. Bars re-entry to National Guard, § 1967. By disbandment, enlistment of men, and rights on, § 1980. Dishonorable, effect on right to enlist, § 1980. Disqualifies from holding office, § 1967. XVIII. Drills. Commanding officer may order, § 2003. Mounted companies to have four a year, § 2003. Penalty for absence from, § 2006. Record of attendance at, forwarding to adjutant-gen- eral, § 2007. Record of attendance at, keeping of, § 2007. Returns of attendance at, § 2007. Three to be had monthly, § 2003. XIX. Duty. Excuses from, § 2014. Military duty, alien, what not required of, § 1895. Military duty, who exempt from, § 1896. Military duty, who subject to, § 1895. Right of way while on, § 2094. Warning for, how given, § 2013. Warning for, neglect of, verified return of, § 2013. 1258 NATIONAL, GUARD, XIX-XXIH. Warning for return and verification of, § 2013. Warning for, verified return of as evidence, § 2013. Warning for, who may give, § 2013. XX. Engineers. Company of, of what consists, § 1930. Oflicers to be civil engineers, § 1953. XXI. Enlistment. See post, Enlisted Men. Bandmasters, § 1980. Chief trumpeter, § 1980. Drum majors, § 1980. Hospital corps, members of, § 1980. Musicians, § 1980. Veterinary sergeants, § 1980. XXII. Enlisted men. Application for membership, when and how made, § 1981. Application, when balloted on, § 1981. Disbandment, enlistment of men discharged by, § 1980. Discharge, honorable, effect of, §§ 1980, 1985, 1986. Discharge, dishonorable, for absence from drills, § 2006. Discharge, dishonorable, grounds for, § 1985. Dilscharge, dishonorable, how made, § 1985. Discharge, dishonorable, who to make, § 1985. Discharge, honorable, how granted, § 1985. Fines and penalties, for what offenses by, § 2027. Minors, right of enlistment, § 1980. Oath of enlisted men, § 1982. Offenses, fines and penalties for, § 2027. Re-enlistment, § 1980. Re-enlistment, credit for continuous service, § 2098. Re-enlistment of. oath of, § 1982. Term of enlistment, § 1980. Transfer of, § 1983. Transfer of, noncommissioned officers to be reduced to ranks, § 1983. Uniform of, § 2041. Who eligible to enlistment, § 1980. XXIII. Exemptions and privileges. Arrest on civil process, privilege of member from, § 2093. Exemption, certificates of, § 2098. Exemption from military duty after expiration of ser- vice, § 2098. NATIONAL GUARD, XXIII-XXX. Vio9 Exemption of honorary members of, § 2102. Exemption of members from jury duty, § 2098. Exemption of members from road tax or bead tax, § 2098. Exemption of members from service on posse coml- tatus, § 2098. Hindrance or obstruction of a misdemeanor, § 2094. Right of way while on parade or performing military duty, § 2094. Trespassers and disturbers to be arrested, § 2095. XXIV. Fines and penalties. Enlisted men, offenses by, § 2027. For nonattendance, books and records as evidence, § 2101. For nonattendance, how collected, § 2101. Officers, offenses by. § 2027. XXV. Honorary members. Annual payment by, § 2102. Exemptions by, § 2102. Number allowed to each company, troop or battery, § 2102. XXVI. Hospital corps. See post. Medical Department. Enlistment of members of, § 1980. XXVII. Infantry. Companies, officers of, § 1934. Extra officers may be detailed for what service, § 1934. Regiment, consists of what. § 1934. Regiment, officers of. § 1934. XXVIil. Insignia, decorations and medals. What may be worn, § 2097. Service medals, § 2011. XXIX. Inspection; muster; muster-roll. Inspection and muster, to me made annually, § 2008. Inspection, officer of United States Army to make, § 2008. Muster-roll, brigadier general to make annually, | 1902. Muster-roll, copy to be sent to adjutant-general, § 1902. Muster-roll, original, where filed, § 1902. Muster-roll, what to show, § 1902. XXX. Instruction. Camps of, duty to participate in, annually, § 2005. ;60 NATIONAL, GUARD, XXX-XXXIII. Camp of, failure of company to report proceedings, § 2005. Commanding officer may order officers and men to as- semble for, § 2003. To assemble three times monthly for, § 2003. XXXI. Judge advocates. Exempt from examination, § 1954, Qualifications required of. § 1953. XXXII. Medical department. Assignment of officers, how made, § 1929. Chief surgeon of naval militia, pay and allowances ol, § 2079. Consists of what, § 1929, Noncommissioned officers and privates, number of gen- erally, § 1929, Noncommissioned officers and privates, number in case of emergency, § 1929, Officers exempt from examination, § 1954, Rank of medical officers, § 1929, Surgeon general, pay and allowances of, § 2079. Surgeon general to make details of enlisted men of hos- pital corps, § 1929. Surgeons and assistant surgeons, appointment of, ana term of office, § 1957, Surgeons and assistant surgeons, qualifications re- quired of. § 1953, Surgeons, pay and allowances of, § 2079. XXXIII. Military courts. See ante. Courts-martial, Constitution, jurisdiction and procedure, what governs, § 2018. Disorderly conduct, commitment for, § 2025. Enumerated, § 2018. Limits of punishment and proceedings for revision, what governs, § 2018. Member of not civilly liable. § 2028. Officer ordering not civilly liable. § 2028. Process and mandates, may issue. § 2024. Process and mandates, execution of and return on, § 2024. Process and mandates, fees for service and return not to be charged, § 2024, Process and mandates, form of and to whom directed, § 2024. Process and mandates, jailers to receive persons com- mitted, § 2024. NATIONAL, GUARD, XXXIV-XXXVI. 1261 XXXIV. Military roll. Assessor to make out, § 1897. Compensation of assessors for making, § 1901. Correction of, by board of equalization, § 1899. Duplicate to be forwarded to brigadier general, § 1900. How made out, § 1897. Penalties for dereliction as to, § 1898. Tax collector makes out in San Francisco, § 1897. XXXV. Music. Bands, hired, subject to military laws and regulations, § 2096. Bands, right to hire, §2096. Field music, assignment to duty, § 1935. Field music, enlistment and attachment of musicians, § 1935. Field music, musicians organized on whose applica- tion, § 1935. Field music, number of musicians allowed, § 1935. Field music, organization of, oflBcers, § 1935. Field music, organization of, of what to consist, § 1935. Musicians, boys, over sixteen may be enlisted as, § 1980. Musicians, enlistment of. § 1980. XXXVI. Naval militia. Applying to President for detail of ofllcers, § 2112. Chaplain, appointment, grade and rank, § 2112. Commanded by a captain, § 2112. Commander-in-chief, power of over, § 2112, Consists of what, § 2111. Courts-martial, § 2112. Discipline and exercise, § 2112. Division, meaning of, § 2111. Division, of what consists, § 2112. Engineer division, grade of oflacers, § 2112. Engineer division, oflBlcers, qualifications of, § 2112. Location of, § 2111. Medical department, examination and approval of of- ficers, § 2112. Medical department, officers of, § 2112. Oflacers, examination of before issuance of commission, § 2112. Officers deprived of rank through code amendments, placed on retired list. § 2112. Officers of, appointment and qualifications of, § 2112. Officers of, election and term of office, § 2112. Officers of, grade, rank and duties of, § 2112. B2 NATIONAL, GUARD, XXXVI-XXXVIII. Officers of, rank of, § 2112. Officers, retirement of. § 2112. Organization conforms to federal laws, § 2112. Pay and allowance of chief surgeon, § 2079. Pay department, consists of what, § 2112. Pay department, officers, appointment, qualincatlon and rank of, § 2112. Petty officers. § 2112. Rules and regulations governing, § 2112. United States Navy, rules of govern strength, rank, In- signia, etc., § 2112. Warrant officers, § 2112. XXXVII. Oaths. See post, Officers. No fees charged for administering, § 2106. Of officers and men, § 1982. XXXVIII. Officers. Arms, uniforms and equipments, officers to provide themselves with. § 2040. Bonds of officers controlling property or money, § 2081. Commander-in-chief appoints what, § 1957. Commander-in-chief to commission, § 1951. Commissions, date of, what deemed to be, § 1952. Commission to issue, § 1951. Company and troop officers, election and term of office, § 1956. Courts-martial, power to appoint, § 2019. Election, appeal, proceedings on, § 1959. Election, appeal, right of and how taken, § 1959. Election, commander-in-chief may appoint where no choice, § 1958. Election, commission when to issue, § 1958. Election, examination of officers elected, § 1958. Election, failure to appear before examining board after election, new election, § 1958. Election, majority necessary to choice, § 1958. Election, notice of time, place and purpose of, § 1958. Election, presiding officer, appointment and notice of, § 1958. Election, proceedings where no choice, § 1958. Election, re-election, certificate to be issued, § 1966. Election, re-election, new commission need not be is- sued, § 19G6. Election, return of, to be in duplicate, § 1958. Election, vacancy occurring at, filling of, § 1958. Election, when ordered, § 1958. Eligible to commission, who are, § 1953. NATIONAL, GUARD, XXXVIII, XXXIX. 1263 Examination before election or appointment, § 1954. Examination before promotion, § 1954. Examination, failure of officer elected to appear before, new election, 1958. Examination, officers elected, examination of, § 1958. Examination, who exempt from, § 1954. Examining board: See ante, Board of Examination. Examining board, detailed by commander-in-chief, § 1955. Examining board, of whom consists, § 1955. Examining board, powers and duties of, § 1955. Examining board, where sit, § 1955. Field, election and term of office, § 1956. Field, qualifications required of, § 1953. Fines and penalties, for offenses, § 2027. New organizations, appointment of officers, § 1957. New, where officer elected fails to appear before exam- ination board, § 1958. Noncommissioned, appointment and warrant of, § 1984. Noncommissioned, discharge of where enlisted as, § 1984. Noncommissioned reduced to ranks on transfer, § 1983. Noncommissioned, reduction of to ranks, § 1984. Oath and qualification, § 1951. Oath, neglect or refusal to take, effect of, § 1960. Oath of, § 1982. Oath, to take within ten days, § 1960. Offenses by, fines or penalties, § 2027. Pay and allowances: See post. Pay and Allowances. Qualifications required of, § 1953. Rank according to date of commission, § 1952. Rank higher than officers of enrolled militia, § 1952. Rank, how determined where commissions are of same date, § 1952. Re-enlistment, credit for continuous service, § 2098. Resignation, how made, § 1961. Resignation, when takes effect, § 1961. Staff, effect of line officer accepting commission on, § 1962. Vacancies in unattached organizations, commander-in- chief to fill, § 1958. Who disqualified to receive commission, § 1953. XXXIX. Parades. Commanding officer, power to order, § 2003. Company parading with less than thirty men, disband- ing, § 2004. NATIONAL GUARD, XL, XLI. Right of way while on, § 2094. When may be ordered, § 2003. XL. Pay and allowances. Adjutant-general, assistant, salary of, § 2086. Adjutant-general, salaries of clerks and employees, § 2086. Adjutant-general, salary of, § 2086. Bonds of officers controlling money, § 2081. Brigadier general, of, § 2079. Chief surgeon of naval militia, § 2079. Claims, adjutant-general to audit and allow, § 2083. Claims exempt from board of examiners, § 2085. Claim, how audited and paid, § 2079. Commanding officer ex-officio treasurer, § 2081. Commanding officers, of, § 2079. Companies, annual allowance paid to commanding of- ficer, § 2080. Companies, annual allowance to, § 2080. Controller, duty of, § 2084. Enlisted men on active duty, § 2076. Enlisted men, while in camp, § 2076. Line officers below grade of major, annual allowance of, § 2078. Military organization, allowances for, § 2079. Musicians, while in camp, § 2076. Officer detailed on special duty, § 2077. Officers on active duty of, § 2076. Officers, while in camp, § 2076. Surgeon general and surgeons of, § 2079. Transportation of arms, equipment, etc., to be con- tracted for, § 2082. Transportation of arms, equipment, etc., vouchers, pay- ment of, § 2082. Treasurer of state, duties of, § 2084. XLI. Resignation and retirement. Resignation, absence without permission when regarded as, § 1965. Resignation, announcement of, § 1965. Retirement, active duty, detailing retired officer to. § 1963. Retirement, active duty, rights of retired officer on, § 1963. Retirement, active duty when ends, § 1963. Retirement, active list, returning to and retiring from, § 1963. Retirement, disability, application and approval, § 1963. NATIONAL GUARD, XLI-XI.V— NAVAL, MILITIA. 12K5 Retirement, disability, permitted for, when, § 1963. Retirement, officer dishonorably dismissed, no right of, § 1963. Retirement, rank of while on duty, § 1963. Retirement, right of after service, § 1963. Retirement, roster of retired officers, § 1963. XLII. Rules, regulations and by-laws. By-laws, power to adopt and enforce, § 2100. Rules and regiilations, force and effect of, § 2103. Rules and regulations, power of commander-in-chief to make, § 2103. Rules and regulations, those in force to remain in force until new adopted, § 2103. Rules and regulations, to conform to statute and fed- eral regulations, § 2103. Rules of government, power to adopt and enforce, § 2100. XLII I. Signal corps. Company of, of what consists, § 1931. XLIV. Special enrollment. Persons subject to military duty, civil officers, penalty for concealing information, § 1905. Persons subject to military duty, civil officers to per- mit examination of records, § 1905. Persons subject to military duty, exemption, claim of and proceedings on, § 1904. Persons subject to military duty, filing copies of, § 1903. Persons subject to military duty, lists to be furnished by whom, § 1904. Persons subject to military duty, notice of enrollment, § 1904. Persons subject to military duty, what to show, § 1903. Persons subject to military duty, when made, § 1903. XLV. Staff. Appointment of, § 1957. Commander-in-chief, of, § 1908. Commander-in-chief, exempt from examination, § 1954. Effect of line officer accepting commission on staff, § 1962. NAVAL BATTALION, act establishing to be attached to National Guard, p. 1101. NAVAL MILITIA: See National Guard. Pol. Code — 80 1266 NAVIGABLE "WATERS— NEWSPAPERS. - NAVIGABLE WATERS: See Waters. NAVIGATION, boats, oars and signals, § 2364. Boats, penalties for failure to carry, § 2372. Collision of steamers from negligence, § 2369. Landing and receiving passengers by small boats, § 2361. Landing and receiving passengers, engine to be stopped, § 2363. Lines used for landing not to be drawn by machinery, § 2362. Master, owner liable for good conduct of, § 2378. No recovery for collision in case of neglect, § 2369. Owner liable for master's or engineer's penalties, § 2378. Penalties, how recovered, § 2370. Racing, § 2373. Rafts on Sacramento and San Joaquin rivers, § 2370. Rules, penalties for violating, §§ 2366, 2367. Spark catchers. Inspectors to supervise and direct, § 2375. Spark catchers, steamers to carry, § 2374. Spark catchers, compensation of inspectors, § 2376. Spark catchers, neglect of duty and penalty, § 2377. Steamers meeting, § 2360. Steamers overtaking, § 2365. Steamers to hoist signals at night, § 2366. Vessels at anchor to show lights, § 2368. Vessels to carry what boats, § 2371. NEGLIGENCE, collision of steamers from, § 2369. Driver, of, liability of owner for, § 2936. In paying moneys by tax collector, penalty, § 3754. Liability on assessor's bond for taxes lost by, § 3660. Notary, of, liability for, § 801. Spark-catcher on steamers, § 2377. NEUTER, masculine includes, § 17. NEVADA COUNTY, boundaries and county seat, § 3923. Legal distance from county seat to Sacramento, § 178. Salary of county judge, § 4329. Salary of district attorney, § 4330. NEWSPAPERS, general circulation, action to determine character as, § 4462. General circulation, action to determine, hearing and judgment, § 4462. General circulation, action to determine, how insti- tuted and proceedings, § 4462. NEWSPAPERS— NOTICE. 1267 General circulation, action to determine, vacating or modifying judgment, § 4462. General circulation, defined, § 4460. General circulation, what are not, § 4460. Publication of notices: See Notices. General circulation, newspaper of, what is, § 4459. Notices to be published in newspaper of general cir- culation, § 4458. Official advertising to be published in newspaper of general circulation, § 4458. Publications to be published in newspaper of general circulation, § 4458. NIGHT-TIME, what is, § 3260. NOMINATIONS: See Elections, XVIII. NON-RESIDENT, insane, not admitted to asylum, § 2191. Nuisance on property, how abated, § 3028. NORMAL SCHOOLS: See Schools, XIV. NOTARIES, bond of, § 799. Bond, time of filing, § 800. Certificate of filing bond and oath, § 800. Certified copies of records of predecessor, § 797. Fees of, § 798. , General duties of, enumeration of, § 794. Neglect or misconduct, liability for, § 801. Number of, § 791. Number of in counties of first class, § 791. Oath, time of taking and filing, § 800. Protest of prima facie evidence, § 795. Qualifications, § 792. Record^ of, disposal of on death, resignation, removal, etc., § 796. Residence of § 792. San Francisco, number in, § 791. Term of office, § 793. Women eligible, § 792. NOTICE, board of examiners and treasurer to be notified when bonds are ready to be sold, § 681. Defined, § 4175. How returnable to another county, § 4177. Newspaper of general circulation, action to determine character as, § 4462. Newspaper of general circulation defined, § 4460. Newspaper of general circulation, what is not, § 4460. Particular proceedings, notice in: See Particular Title. 1268 NOTICE— OFFICES AND OFFICERS. Publication, how printed, § 4459. Publication of notices, officer violating statute, pen- alty, § 4461. Published, to be, in newspaper of general circulation, § 4458. Published where, when no newspaper of general cir- culation in county, § 4458. Return to sheriff on is prima facie evidence, § 4178. Return, penalty for failure to make without delay, § 4179. Taxes, notice when due: See Taxation, IX, 1. NUISANCE, board of health in San Francisco, power as to, § 3028. Penalty for maintaining, § 3028. NUMBER, plural includes singular, § 17. Singular includes plural, § 17. OAKLAND, swamp and overflowed lands within five miles of, law governing, § 3488. OATHS: See National Guard. Clerks and subordinates, taking and filing of, § 910. Deputies, taking and filing of, § 910. Executive officers may administer, § 1028. False before member or officer of election board is perjury, § 1077. Fees not charged for administering to members of National Guard, § 2106. Includes affirmation or declaration, § 17. In particular proceedings: See Particular Title. Judicial officers may administer, § 1028. Legislators, oath of, § 906. Officers, form of, § 904. Officers, what officers may administer, § 4118. Of particular officer: See Particular Title. Time of taking and filing, §§ 906, 907. Where filed, § 909. Who may administer, § 908. OFFICES AND OFFICERS. Certificates: See Elections, XI. Commissioners: See Elections, XI. Educational: See Schools, VI. Elections: See Elections, XI. Foreign officers, who exempt from immigration laws, § 2963. Joint authority, majority may act, § 15. OFFICES AND OFFICERS. 1239 Legislature, of: See Legislature. Military: See National Guard, XVI. Mode of election where prescribed, § 830. Publications by officers to be in papers of general cir- culation, § 4458. Seals of officers: See Seals. Signature and attestation of officer acting ex-officio, § 1031. Soliciting certain candidates for office, punishment of, p. 1102, Stats. State, cannot employ special counsel, § 472. What officers exempt from military duty, « 1896. Executive officers. Civil executive, designation and number of, § 343. Classification of, § 341. County, township and city officers. City, bonds of, § 4374. City, bonds of, additional, § 4374. City, common council to provide for election, appoint- ment and terms, § 4369. City, elective officers of enumerated, § 4370. City, qualifications of city officers, § 4370. County, when elected and term of office, § 4109. County, who are, § 4103. Township, officers of, who are, § 4104. Consolidation and classification of. Classification of, § 220. Classification of does not define legal powers of either class, § 220. Classification of executive, § 341. Consolidation, failure of supervisors to consolidate each office filled by election, § 4107. Consolidation, oath, bond and fees of consolidated officer, § 4108. Supervisors may consolidate what officers, § 4106. Code, effect of on. Acts authorizing appointment of deputies and clerks continued in force, § 19. Code, effect of on persons holding office, §§ 6, 7. Qualifications and eligibility. Age, § 841. Appointment, governor makes where not provided for, § 875. 41 70 OFFICES AND OFFICERS. Appointment, governor to keep register of, § 382. Citizenship, § 841. Disqualifications of, provisions respecting, where con- tained, § 842. Elector, persons who are not, not eligible to, § 58. Electors eligible to hold, who are, § 58. Eligibility to county oflace, § 4101. Eligibility to district or township ofiice, § 4102. Qualifications of, § 841. Women eligible to educational offices, p. 1103, Stats. Appointment; term of office; liolding over. Appointee to fill vacancy, term of office, § 1003a. Appointment not made until expiration of preceding term, term of appointee, § 1003a. City oflacers, mayor's power to appoint, suspend or remove, § 4386. Governor appoints where appointment not provided for, § 875. Governor, nominations by, concurrence of senate made how, § 890. Governor, nominations to senate by, how made, § 889. Governor to transmit list of appointments to legis- lature, § 381. Holding over, must perform duties until successor qualifies, § 879. Holding over until successor qualifies, § 879. Term of not fixed, hold at pleasure of appointing power, § 878. Term of appointee, § 1003a. Oaths. Executive and judicial officers may administer, § 1028. Form of, § 904. Oaths of: See Oaths. What officers may administer, § 4118. Bonds. See Bonds. City officers, additional bonds, § 4374. City officers, bonds of, § 4374. Secretary of state, duty in legard to, § 408. Vacation of office on failure to give additional security, § 964. Commissions. Commissioners by governor, form of, § 892, Commissioners of other officers, form of, § 893. Governor commissions what officers, § 891. OpnCES AND OFFICERS. 1271 Residence and office hours. Absence on official business excuses attendance at office, § 4116. County, office hours, § 4116. County officers, restrictions upon residence of, § 855. County seat, what officers to keep their offices at, § 4116. County seat, what officers to reside at, § 4119. Deputy, officer without may close office at noon, § 4116. Judges, restrictions upon residence of, § 854. Office hours, §§ 1030, 4116. Sacramento, what officers must reside at, § 852. Transaction of business, meaning of, § 4116. Absence from state. Absence of county officer from state, § 4120. State, power of officers to absent themselves from, § 853. Prohibition against officers' forbidden acts; misconduct. Accounts of officers violating statute, treasurer to with- hold settlement, § 926. Affidavit, what required before allowing accounts of officers, § 924. Civil penalty for non-performance of duty attaches to bond, § 4117. Claim against county, officer not to advocate, § 4071. Claim of against county, who may oppose allowance, § 4071. Contracts, officers not to be interested in, § 920. Contracts voidable where officers interested, § 922. County, not to present claim, § 4071. County officer not to act as deputy of another county officer, § 843. Governor to supervise official conduct, § 380. Not to be vendors on purchases by themselves, § 921. Prohibited from purchasing scrip or any city or county indebtedness, § 923. Purchasing warrants or indebtedness contrary to stat- ute, proceedings against, § 926. Refusal to perform duty on tender of fees, liability, § 4332. Sales by, not to be purchasers at, § 921. Sureties, what officers cannot act as, § 955. Treasurer not to pay warrants or indebtedness pur- chased by violation of the statute, §§ 925, 926. 1272 OFFICES AND OFFICERS. Books, papers and records. Books and papers, order to produce, how enforced, § 1016. Books and papers pertaining to, officer entitled to, § 1014. Books and papers, proceedings to compel delivery of, § 1015. Records of: See Records. Fees and salaries. Affidavit by, before warrant for salary audited, § 4116. Affidavit by, where filed, § 4116. Affidavit, false, by, punishment, § 4116. Certificate of official character, fee for issuing, § 416. Fees of: See Fees. Fee or perquisite, officers not to receive, § 1033. Fees not to be charged by secretary of state, § 416. Salaries of: See Salaries. Salaries, how paid, § 1029. Salaries full compensation for all services, § 1033. Salary, contest of office, clerk to certify pendency to treasurer, § 937. Salary, payment of where office contested, §§ 936, 937 Reports; accounts. Accounts, itemized, of moneys expended, § 424. Accounts of moneys expended, affidavit to, § 424. Reports, governor to submit to state board of exam- iners, § 333. Reports, officers when to make, § 332. Reports of, number to be printed, §§ 333, 337. Reports of, printing of, §§ 333, 334. Reports, printed in English language, § 336. Removal, resignation; vacancies. Removal for violation of duties, act pro\iding for, p. 1107. Removal of, notice of to whom and by whom given, § 997. Removal of incumbent, office becomes vacant on, § 996. Resignations, how made, § 995. Resignations, to whom made, § 995. Vacancy, appointee to fill, term of office, §§ 1003a, 4115. Vacancy, appointments by supervisors to be made on petition, § 4066. Vacancy, city office becomes vacant when, § 4373. OFFICES AND OFFICERS— OFFICIAL JOURNAL. 1273 Vacancy, filling in offices where senate to confirm, § 1000. Vacancy, •governor to fill, § 380. Vacancy, governor to fill when not otherwise provided for, § 999. Vacancy, how filled, § 4115. Vacancy in certain state offices, how filled, §§ 1001, 1002. Vacancy in election board in cities and counties over 150,000, filling, § 1075. Vacancy in legislature, how filled, § 998. Vacancy, notice of by whom and to whom given, § 997. Vacancy occurring during recess of legislature, filling, § 1000. Vacancy, powers and duties of officer appointed to fill, § 1004. Vacancy, term of officer appointed to fill, §§ 1001, 1003. Vacant, office becomes on happening of what events, § 996. Deputies; clerks and subordinates. Assistants, appointment not provided for, who ap- points, § 816. Clerks and subordinates, appointments how made where not provided for, § 894. Clerks and subordinates, oaths, taking and flllng or, § 910. Clerks, appointment how made, § 4113. Clerk, bond may be required of, § 985. Clerks hold at pleasure until otherwise specified, § 371. Deputies, appointment how made, § 4113. Deputies, appointment how made where not provided for, § 894. Deputies, appointment not provided for, who appoints, § 876. Deputies, bond may be required of, § 985. Deputies, have powers of principal, § 865. Deputies hold at pleasure unless otherwise specified, § 371. Deputies, number of that may be appointed, § 4112. Deputies, number of where not fixed by law, § 877. Deputies, official name of principal officer includes, § 4114. Deputies prohibited from purchasing scrip or any city or county indebtedness, § 923. OFFICIAL JOURNAL of schools: See Schools, XXVIII. 12(4 ORANGE COUNTY— PAUPERS. ORANGE COUNTY, legal distance from county seat of to Sacramento, § 179. ORDERS, coroner to serve where sheriff a party, § 4191. Elisor may be appointed to execute, when, § 4192. Justification of sheriff under, § 4187. Regular on their face, duty of sheriff to execute, § 4187. ORDINANCES, approval or disapproval of, § 4386. Coaches and carriages, highway law does not affect ordinances governing, § 2937. Failure of mayor to return in ten days, affect of, § 4414. Mayor must be presented to for approval, § 4414. Mayor to cause execution of, § 4386. Veto of, how effected and how passed over veto, § 4414. Violation of, jurisdiction of police court, § 4427. ORPHAN ASYLUM. Act providing for appointment of guardian, p. 1107. OVERSEERS, acts creating and regulating water pre- served, § 19. Highway: See Highways, V. OWNERSHIP, original and ultimate title to property is in state, § 40. OYSTERS: See -animals. PACK TRAIL, by toll roads, § 2832. PARADE, military: See National Guard, XXIX. PARDONS, governor to keep record, § 382. PARENT AND CHILD, residence of minor child, § 52. PAROLE. Patient in insane asylum, parole of, § 2189. PARTITION, recording decrees of, §§ 4238, 4239. PASSENGERS, hospitals may be provided, § 3022. How landed and received on steamers, §§ 2361, 2362, Oath administered to certain, § 2951. Of infected vessels, not to be landed, §§ 3013, 3014, 3019. Of infected vessels, may be vaccinated, § 3021. PASSPORTS, fees for, § 416. PATENTS, public lands: See Public Lands, VI. PATIENTS: See Insane Asylums, XIII, XV. PAUPERS, custody and restraint of, § 37. Expenses of, a county charge, § 4344. PAWNBROKERS— PHYSICIANS. 1275 PAWNBROKERS, license, § 3380. PAYMENT, in particular cases: See Particular Title. Taxes of: See Taxation, IX, 5. PEACE OFFICERS, definition of, § 17. PEDDLERS, license, § 3384. PENALTIES, failure of insurance companies to make statements, for, § 617. Nonattendance on drills, parades, etc., § 1935. Officers violating law as to publication of notices penalty, § 4461. PENSIONS, acts creating for members of fire department, pp. 1080, 1081, Stats. County clerk to take affidavits of claimants witaout fee, p. 1043, Stats. PEOPLE, all property without owner belongs to people, § 41. Original and ultimate right to property is in, § 40. Rights of state over persons, enumerated, § 37. Sovereignty resides in, § 30. Who are the, § 50. PERJURY. Affidavit, false, by officer, § 4116. False oath, taking, before member, deputy or clerk of election board, § 1077. PERSONAL PROPERTY, unsecured, collection of taxes: See Taxation, IX, 3. Includes what, §§ 17, 3617. PERSONS. All persons subject to jurisdiction and entitled to protection of state, § 54. Includes corporation, § 17. Not citizens, of whom composed, § 57. Rights of state over persons enumerated, § 37. PETALUMA CREEK, toll bridge not permitted over, § 2872. PETITION, in particular procedings: See Particular Title. PHONOGRAPHIC REPORTER, appointment, powers and duties where prescribed, § 829. Of supreme court: See Supreme Court. PHYSICIAN: See Insane Asylums, VIII, IX. Births, duty in relation to: See Births. Death certificates, to give, § 30i!5. Deaths, to keep record of, § 3076. 1276 PHYSICIAN— PILOT COMMISSIONERS. Dissection: See Dissection. Liquor license not required of, § 3383. Reports to be made of what cases, § 3034. PIERS: See Wharves, Chutes and Piers. PILOTAGE, half pilotage in ports other than San Fran- cisco, Mare Island, Benicia, and Humboldt Bay, § 2436. Humboldt, extra services, compensation for, § 2488. Humboldt, pilotage in, § 2480. Humboldt, pilot boarding vessel entitled to full pilot- age, § 2489. Monthly account, § 2460. Of outward-bound vessels, § 2467. Rate of in ports other than San Francisco, Mare Island, Benicia and Humboldt Bay, § 2436. Recoverable in any court of competent jurisdiction, § 2432. San Francisco, exempt from pilotage, what vessels are, §§ 2467. 2468. San Francisco, rate of in, agreement as to, § 2465. San Francisco, rates of pilotage in, §§ 2465, 2466. San Francisco, vessels liable to, §§ 2466, 2468. San Francisco, vessels, when spoken, § 2466. Vessels, masters and owners jointly and severally liable for, § 2432. PILOT COMMISSIONERS. By-laws and rules, § 2445. Governor appoints, § 368. Hold at governor's pleasure, § 369. Hold at pleasure of appointing power, § 2442. Meetings, adjournment of, § 2445. Not to have interest in pilot boat or steam tug, § 2447. Offices, providing, § 2443. Organization of board and election of officers, § 2443. Powers and duties, where prescribed, § 703. President may administer oaths and issue subpoenas, § 2444. Secretary, duties of, § 2446. Secretary not to have interest in pilot boat or steam tug, § 2447. Term of office not to exceed four years, § 2442. Witness disobeying subpoena, punishment of, § 2444. For Humboldt Bay and Bar. Account of receipts, secretary to publish annually, § 2484. Appoint as many pilots as necessary, may, § 2476. Appointment, number and qualifications, § 2441. PILOT COMMISSIONERS— PILOTS. 1277 By-laws and rules, may make, § 2477. Claims against, consideration, allowing and payment of, § 2491. Compensation of, § 2483. Expenses of, § 2483. Fees of for licenses, § 2490. Licenses, may revoke or suspend for cause, § 2477. License, regulation governing removal, § 2485. Licenses, when to revoke, §§ 2485, 2486. Meetings, special, § 2445. Meetings, where and how often heM, § 2443. Penalties and forfeitures, how disposed of, § 2482. Penalties and forfeitures, to sue for and recover, § 2482. Regulations as to revocation of licenses, § 2485. Removal, board may remove pilots at any time, § 2476. Removal of pilot, notice and hearing, § 2486. Removal or suspension of pilot for loss or detention of vessel, § 2481. Removal or suspension, publication of proceedings, § 2481. Secretary, duties of, § 2446. Secretary, is treasurer of board, § 2446. Secretary, member of board to act as, § 2445. Special license, to whom issued and fee for, § 2490. For San Francisco, Mare Island and Benicia. Appointment, number and qualifications, § 2440. Charges against, certifying case to superior court, § 2464. Charges against pilots, hearing of, decision and re- view by courts, § 2464. Complaint against pilots, how made, § 2463. Complaint against pilot, proceedings on, § 2463. Complaint, hearing of and revocation of license, § 2463. May suspend pilots and revoke license, § 2461. Meetings, where and how often held, § 2443. Number of pilots in, § 2457. Pilots to pay percentage of receipts to, § 2460. Revocation of license, grounds for, § 2462. Secretary, duties of, § 2446. Secretary of, appointment and salary, § 2445. Suspension, pilots to be suspended pending investiga- tion, § 2461. To examine and license pilots, § 2457. PILOTS, bonds of, § 2431. Carried to sea or detained, compensation of, § 2435. 1278 PILOTS. Duty to go to vessel in distress, § 2437. Duty, violation of, liability on bond, § 2438. Examination of, § 2430. Governor appoints where no board, § 368. License, acting as pilot without, punishment for, § 2439. License for. § 2430. License, how issued, § 2446. License, renewed annually, § 2430. License renewal, refusal to new, notice and hearing, § 2430. License secretary to issue, § 2446. License or commission, penalty for failure to show, § 2434. License or commission, to show when required, § 2434. Owners of vessels to compensate for loss of boats, sails, etc., § 2433. Powers and duties, where prescribed, § 701. Qualifications of, § 2429. Quarantine, duty of where bringing in vessel in San Francisco subject to, § 3015. Refusal to go on board vessel, penalty, § 2437. Rgulations governing in ports other than San Fran- cisco Mare Island, Benicia and Hum^Boldt Bay, § 2436. Regulations, violation of, liability on bond, § 2438. Suspension or removal of, § 2436. Suspension or removal on refusal to go to vessel in distress, § 2437. For Humboldt Bay and Bar. As many pilots as are necessary, board may appoint, § 2476. By-laws and rules for government, § 2477. Damages, liability for negligence, § 2478. Extra services, compensation for, § 2488. Failure to act, forfeiture of appointment, § 2479. Fees of, § 2480. License may be suspended or revoked for cause, § 2477. License, renewal of, § 2485. License, revocation of, §§ 2477, 2485, 2486. License, special, to whom issued and fee for, § 2490. License, when forfeited, §§ 2485, 2486. Loss or detention of vessel for want of, liability of pilot, § 2481. Negligently losing vessel, liability of, § 2487. PILOTS-PLACER COUNTY. 127!J Negligently losing vessel, loses license, § 2487. Priority, forfeiture of for negligence, § 2479. Priority of pilot bringing vessel in, to pilot vessel out, § 2479. Removal, notice and hearing, § 2486. Removal, pilots be removed at any time, § 2476. Suspension or removal for loss or detention of vessel, § 2481. To be attached to steamboats, § 2478. For San Francisco, Mare Island and Benicia. Account, to render monthly of moneys received, § 2460. Arrest of persons violating regulations, § 2459. Arrest, power of to make, § 2459. Board may suspend pilots and revoke license, § 2460. Charges against, certifying case to superior court for trial, § 2464. Charges against, hearing of, decision and review by courts, § 2464. Complaint, hearing of and revocation of license, § 2463. Complaints, how made, § 2463. ' Complaint, proceedings on, § 2463. Duty in keeping boats, § 2458. Duty to moor boats, § 2458. Number of, § 2457. Percentage of receipts to be paid to board, § 2460. Preference, pilot bringing in vessel entitled to take same out, § 2470. preference when two pilots offer service, § 2469. Revocation of license, grounds for, § 2462. Suspension of pilots pending investigation, § 2461. To prevent boarding of vessel until moored, § 2459. For San Diego. Act relating to pilots and pilot regulations, p. 1108. For San Pedro and Wilmington. Appointment, duties and compensation of pilots, p. 1108, Stats. PLACER COUNTY boundaries and county seat, § 3924. Fees of district attorney in, p. 1043, Stats. Legal distance from county seat of to Sacramento, § 180. Salary of county judge, § 4329. Salary of district attorney, § 4330. 1280 PLAINS— PORT WARDEN. PLAINS. Judges of the plains, acts relating to continued in force, § 19. PLANK ROADS: See Toll Roads. PLUMAS COUNTY boundaries and county seat, § 3920. Legal distance from county seat of to Sacramento, § 181. Salary of county judge, § 4329. Salary of district attorney, § 4330. PLURAL includes singular, § 17. Singular includes, § 17. POLICE. Peace officer defined, § 17. Special, appointment of employees of San Diego Har- bor commission as, § 2603. Special, appointment of officers of harbor commission as, § 2550. Watchmen for state capitol and governor's mansion have power of peace officers, § 421. POLICE COURT: See Police Judge. Judicial powers of city vested in, § 4355. Jurisdiction, exclusive of, § 4427. San Diego, of, has jurisdiction of offenses in harbor, § 2597. POLICE DEPARTMENT. Salaries of officers in cities of first class, p. 1108, Stats. POLICE JUDGE clerk, compensation of, § 4425. Clerk, may appoint, § 4425. Court always open except on non-judicial days, § 4429. Disqualification of, proceedings on, § 4428. Elective officer of city, § 4370. Jurisdiction of police court, §§ 4426, 4427. Proceedings in police court in civil actions, how con- ducted, § 4432. Proceedings in police court in criminal actions, how conducted, §§ 4430, 4431. Qualifications of, §§ 4370, 4424. Qualify, how, § 4370. San Francisco, of, has jurisdiction of offenses on waterfront, § 2544. Term of office. § 4370. Vacancy in office, how filled, § 4424. ^ POLLS: See Elections, VIII-3. POLL TAXES: See Taxation, XV. PORT WARDEN. Certificates, fees for, § 25x0. PORT WARDEN— PRESIDSNTIAL ELECTORS. VUl Duties of, § 2503. Pees of, § 2510. Governor appoints, § 368. Insurers, port warden not to be interested with, § 2509. Not to be interested in repairs, § 2509. Not to be interested in vessel surveyed, § 2509. One for each port except San Francisco, § 2501. Penalty for acting as without authority, § 2511. Powers and duties, where prescribed, § 699. Sale of wrecked or damaged vessels, manner of, § 25U7. Sale of wrecked or damaged vessels, notice, contents of, and publication of, § 2508. Sale of wrecks or damaged vessels, power of, § 2507. Sale of wrecks or damaged vessels to be under in- spection of, § 2507. San Francisco, board of, who constitute, § 2502. San Francisco, number of in, § 2501. San Francisco, qualifications of, § 2502. Surveys, assistance, right to call in, § 2506. Surveys, assistance, no additional charge tor, § 2506. Surveys, duty to make, § 2503. Surveys, fees for, § 2510. Surveys, records of, inspection and copies, § 2504. Surveys, record of to be kept, § 2504. Surveys, what to set forth, § 2505. Term of office. § 369. POSSE COMITATUS, exemption of member of National Guard from service on, § 2098. PRECINCTS: See Elections, IV. PREFERENCE. Public contracts, preference given to goods of local manufacture, § 3247. PREMIUM. Bonds of officers, on, city, county or state to pay, p. 1041, Stats. Act requiring payment by foreign fire insurance cor- poration for fire department, p. 1086. PRESENT includes future, § 17. PRESIDENTIAL ELECTORS. Certificate of election, gov- ernor to issue. § 1314. Compensation and mileage, accounts, how audited and paid, § 1322. Compensation and mileage of, § 1321. Governor, duties of. § 1314. Lists of persons voted for, § 1319. Manner of voting, § ]317. Results of votes to be sealed and transmitted to presi- dent of senate. § 1320. Pol. Ccrde-81 1282 PRESIDENTIAL ELECTORS— PROCESS. Returns, how made, § 1308. Returns, messenger to deliver, aflidavit as to neces- sity of, § loll. Returns, messenger to deliver, compensation and mile- age, § 1312. Returns, messenger to deliver, county clerk may em- ploy when, § 1310. Returns, sealing, indorsing and transmitting, § lc!oy. Returns, Secretary of State to compare estimate and certify highest vote, § 1313. Separate ballots for president and vice-president, § 1318. Vacancies, how supplied, § 1316. When and where to meet. § 1315. When chosen, § 1307. PRIMARY ELECTIONS: See Elections, XV. PRINTING: See Schools, XXI. Writing includes printing, § 17. PRISONERS, expenses of, a county charge, § 4344. Insane, proceedings on recovery, § 2189. Sheriff's compensation for conveying to prison, p. 1109, Stats. PRISONS: See State Prisons. PROCESS, county clerk to issue, § 4204. Defined, §§ 17, 4175. Directions to sheriff do not exonerate unless written, § 4185. Failure of sheriff to pay over money, office becomes vacant when, § 4186. Elisor, how executes, § 4192. Elisor may be appointed to execute when, § 4192. Issued by courts-martial, § 2084. Issues in name of people, § 30. Neglect of sheriff to levy or sell under execution, lia- bility, § 4180. Neglect of sheriff to pay over money, damages, § 4181 Regular on its face, duty of sheriff to execute, § 4187. Return, how returnable to another county, § 4177. Return of sheriff on, is prima facie evidence, § 4178. Return, penalty for failure to make without delay, § 4179. Served by whom, § 4176. Service by constables, § 4314. Service, condition as to in places purchased by United States, § 34. Service, coroner to serve, where sheriff a party, § 4191. PROCESS— PUBLIC DEBT. 1283 Service, duty of sheriff to exhibit, § 4188. Service of in places ceded to United States, § 34. Service on corporations, § 616. Service on sheriff, § 4190, Service, right to enforce, § 37. Writ, defined, § 17. PROCLAMATION. Electitm: See Elections, I. PROPERTY. All property without owner belongs to peo- ple, § 41. Includes realty and personalty, § 17. Includes what, § 3617. Military: See National Guard, IX. Original and ultimate title to is in state, § 40. State, how may acquire, §§ 43, 44. When escheats, § 41. PROSTITUTION: See Ill-fame. PROTEST, notary, of, is prima facie evidence, § 795. Payment of taxes under: See Taxation, IX, 5. PUBLICATION in particular cases: See Particular Title. PUBLIC ADMINISTRATOR, bond of, § 4122. Consolidatiing offices of coroner and public adminis- trator, § 4106. Coroner is ex-officio in what counties, § 4105. County officer is, § 4103. Duties of, generally, § 4303. Oaths, may administer, § 4118. Statute providing for in certain cases, p. 1108. PUBLICATIONS, newspaper of general circulation, to be published in, § 4458. Newspaper of general circulation, what Is, § 4460. PUBLIC BUILDINGS: See Insane Asylums, XVI; Schools, XXIX. Hours of labor: See Hours of Labor, Materials on to be furnished by contract, § 3234. Products of Mongolian labor not to be purchased, § 3235. Work on to be done by day's labor, § 3233, Work to be done under whose supervision, § 3233. PUBLIC DEBT, acts for funding of continued in force, § 19. Acts for issuing state bonds continued in force, § 19. City, bonds issued for public debt, form of, § 4445. City, power of city council to issue bonds, § 4445. City, refunding, proceedings on, § 4446. City, refunding, redemption of bonds, § 4448. 1284 PUBLIC DEBT— PUBLIC LANDS. City, refunding, sale or exchange of refunding bonds, § 4446. City, refunding, tax for payment of bonds, bond fund, § 4447. City, refunding, tax for payment of bonds, levjlng, § 4447. City, refunding tax, proceedings on failure to ievy, for bonds, § 4449. City, refunding, transfer by purchaser of bonds, notice to treasurer, § 4446. City, refunding, treasurer, duty of relative to refund- ing bonds, § 4446. City, refunding, treasurer, sale and exchange of re- funding bonds, § 4446. County, bonds issued to refund, custody, disposal, and account of, § 4049. County, bonds issued to refund, duty of supervisors and treasurer, § 4049, County, bonds issued to refund, form of, § 4048. County, bond to refund, levy to meet, § 4050. County, bonds to refund, redemption of, § 4051. County, bonds: See Supervisors. County, debt against: See Supervisors. County, limitation on power of supervisors to contract, § 4070. County refunding and issuing bonds, § 4048. County tax to pay bonds to refund, proceedings on failure to levy, § 4052. Officers prohibited from purchasing scrip or city or county indebtedness, § 923. Officer purchasing contrary to statute, proceedings against, § 926. Treasurer not to pay warrants or indebtedness pur- chased by officer in violation of statute, §§ 925, 926. PUBLIC HEALTH: See Health. PUBLIC IMPROVEMENTS, assessments for, jurisdiction of police court over actions for, § 4427. PUBLIC LANDS. I. Adverse possession; intruders upon. II. Surveyor-general and surveys. III. Register and receiver. IV. Applications to purchase; sales; payments and proceeds. FCTBLIC LANDS, I-III. 1285 V. Certificates of purchase; warrants. VI. Patents. VII. Contests. VIII. Taxes and interest. IX. University lands. X. Scliooi lands. XI. Swamp, overflowed, salt marsh and tide lands. I. Adverse possession; intruders upon. Adverse occupation, what is, § 3495. Intruders on, removal of, § 42. II. Surveyor-general and surveys. Assistant surveyor-general is ex-offlcio assistant regis- ter of state land office, § 485. Claims because of purchase by, allowance and pay- ment, § 3574. Deputy surveyor-general ex-officio deputy register of land office, §§ 350, 485. Fees of surveyor-general, § 3574. Lists, surveyor-general to record, § 3405. Patents, surveyor-general to record, § 3405. Surveyor-general and tide-land commissioners to give assessor list of lands sold, § 3659. Surveyor-general is ex-officio register of land office, § 350. Surveyor-general, power to purchase maps and rec- ords, § 3574. Surveyor-general: See Surveyor-General. Surveys to be noted on plats, § 3396. III. Register and receiver. Approved locations to be noted on plats, § 3396. Claims because of purchase by register, allowance and payment, § 3574. Deputy surveyor-general is ex-officio deputy register, § 350. Register and receiver of United States, how compen- sated for services rendered state, § 3410. Register, power to purchase maps and records, § 3574. Register, records of, what to show, § 3395. Register to issue instructions, § 3429. Register to keep plats and note locations and surveys thereon, § 3396. 86 PUBLIC LANDS, TV. Register to keep separate accounts and records of each class of land, § 3395. Register to note certificates of purchase and •patents on plats, § 3397. Register to prepare and print blanks and forms, § 3423. Surveyor-general is ex-officio register of land oflBce, § 350. IV. Applications to purchase; sales; payments and pro> ceeds. Abandonment of entry or location, how made, § 3570. Affidavit, defective, statute validating application, § 3573. Applications, statute validating although affidavits de- fective, § 3573. Applicatiori to purchase, fee on, § 3574. County treasurer, duty of register on receipt of, § 3423. County treasurer, monthly report to register, what to show, § 3422. County treasurer, payments into state treasury on ap- proval of quarterly report, § 3425. County treasurer, quarterly report of moneys to state controller, § 3424. County treasurer, quarterly report of, referred to reg- ister for examination, § 3424. County treasurer to report moneys received monthly to register, §§ 3422, 3423. Pee on application to purchase, § 3574. Fees, report of and payment into treasury, § 3574. Investment of proceeds, bonds, deposit with and duty of treasurer, § 682. Investment of proceeds from sale of school lands, § 680. Payments, auditor to charge treasurer with amounts received, § 3513. Payments, forfeiture for failure to make, § 3513. Payments, when and how made, §§ 3512, 3513. Purchasers, delinquent, actions against, subsequent purchasers, defense by, § 3556. Purchasers, delinquent, after decree foreclosing rights, re-sale, § 3554. Purchasers, delinquent, compensation of district at- torney suing, § 3553. Purchasers, delinquent, costs, judgment for and how collected, § 3555. PUBLIC LANDS, IV, V. V^ Purchasers, delinquent, decree against filing of, § 3550. Purchasers, delinquent, dismissal of proceedings on payment, § 3551. Purchasers, delinquent, district attorney to publish list and give notice of suit, §3547. Purchasers, delinquent, district attorney to sue to fore- close, § 3548. Purchasers, delinquent, judgment against binds as- signee, § 3552. Purchasers, delinquent, register not to report of swamp land, § 3546. Purchasers, delinquent, register to furnish statement of to district attorneys, § 3546. Purchasers, delinquent, service of summons, manner of, § 3549. Purchasers, subsequent, may defend suits and protect interests, how, § 3556. Sale of land not property of state, rights of purchaser, §§ 3571, 3572. School lands, sale of: See post, X. Swamp, overflowed, sale marsh and tide lands, sale of: See post, XI. V. Certificates of purchase; warrants. Certificates of purchase, lost or destroyed, proceedings to obtain duplicate, § 3518. Certificate of purchase may be sold or assigned, § 3515. Certificate of purchase, payments to be indorsed on, §§ 3512. 3514. Certificate of purchase, prima facie evidence of title, § 3514. Certificate of purchase, sale of, fee of recorder for re- porting, § 3517. Certificate of purchase, sale of, recorder to report to register, § 3516. Certificates of purchase to be noted on plats, § 3397. Certificate of purchase, when to issue and what to state, § 3514. Warrant, assignee of, proceedings by for duplicate, § 3567. Warrants, duplicate, proceedings for when original can- not be made available. § 3567. Warrants, governor to issue, § 380. Warrant, lost or destroyed, application for duplicate, affidavit and bond, § 3566. S8 PUBLIC LANDS, V-VIII. Warrant, lost or destroyed, certificate of right to, reg- ister when only to issue, § 35G9. Warrant, lost or destroyed, duplicate, form of, § 3568. Warrant, lost or destroyed, duplicate, governor to issue on certificate of register, § 3568. VI. Patents. Fees for issuing, § 416. Governor to issue patents, § 380. How executed, § 3520. Issued in name of decedent, title vests in whom, § 3523. Not to issue until what time, § 3521. Register when to prepare, § 3519. Surveyor-general to record, § 3405. To he noted on plats, § 3397. To be recorded and delivered, § 3522. VII. Contests. Adverse occupation, what is, § 3495. Between state and United States, surveyor-general to represent state, § 3411. Concerning approval of survey or location, certificate of purchase, etc;, proceedings on, § 3414. Judgment of court, effect of, § 3416. Officer when may try, § 3414. Of right to purchase school land referred to superior court, § 3495. Of right to purchase school lands, who only may main- tain, § 3495. Over purchase of school lands, how determined, § 3499. Proceedings to quiet title, attendance of attorney-gen- eral, § 3413. Proceedings to quiet title, place of taking testimony, how fixed, § 3412. Referred to courts when, § 3414. Referring to courts, action to be brought within sixty days § 3417. Referring to courts, action to determine conflict, § 341? VIII. Taxes and interest. Interest on sales from what time computed, § 3427. Redemption of, where sold to state for non-payment of taxes, § 3817. Sale for delinquent taxes, re-sale in case of, § 3788. PUBLIC LANDS, VIII-X. 1289 Sale to state for delinquent taxes, deeds filed with surveyor-general, § 3785. Sale of swamp and overflowed land, interest, § 3440. Swamp lands, interest ceases while reclamation work in progress, § 3474. iX. University lands. Delinquent purchasers, proceedings against, § 3536. Investment of proceeds of, § 3534. Land agent of university, duty of, § 3534. Lands reverting to state, regents control and may sell, § 3536. Moneys, etc., from sale of certain lands to be paid out of treasury on regents' order, § 3535. Regents may select and sell, § 3533. X. School lands. Applications to purchase, approval of, § 3498. Application to purchase, copy of United States regis- ter's approval, § 3407. Application to purchase, duty of surveyor-general on, § 3406. Occupant protected for three months after land sec- tionized, § 3497. Patent, relinquishment not required from federal gov- ernment, § 3521. Purchasers from United States, rights of, § 3503. Right of pre-emption on school land sections, § 3503. Sale of, affidavit of applicant, § 3495. Sale of, affidavit, false statement in, punishment § 3500. Sale of, affidavit where applicant is female, §§ 3496, 3501. Sale of, contest, adverse occupation, what is, § 3495. Sale of, contest how determined, § 3499. Sale of, contest, referred to superior court, § 3495. Sale of, contest who only may maintain, § 3495. Sale of, interest, § 3494. Sale of, lands suitable for cultivation to be sold to actual settlers, § 3495. Sale of lands unsuitable for cultivation, § 3495. Sale of, payment in school land warrants, § 3502. Sale of, price of, § 3494. Sale of, price when payable, § 3494. Sale of, settler gains no rights unless application in time, § 3499. 90 PUBLIC LANDS, X, XI. Sale of, surveyor-general and register to make rules governing, § 3495. Sale of, terms of, § 3494. Sale of, timber lands, surveyor-general, and register to make rules governing, § 3500. Sale of, timber lands to be sold for casb, § 3500. Sale of, what land deemed suitable for cultivation, § 3495. Settlers have sixty days to file application, § 3497. Settlers, protection and rights of, § 3503. Surveyor-general to obtain statement of condition of sections, § 3409. XI. Swamp, overflowed, salt marsh and tide lands. Application to purchase, affidavit, false statement in, effect of, § 3443. Application to purchase, prior claims, how deter- mined, § 3443. Application to purchase, prior claims, reference to su- perior court, and proceedings on, § 3443. Banks, owners of lands on, liable for damages from cuts made, § 3486. Banks, owners of land on, making cuts, mitigation of damages, § 3487. Certain lands excepted from provisions of chapter on public lands, § 3488. Contest as to right to purchase, reference to superior court, and proceedings on, § 3443. Delinquent purchasers of, register not to report to district attorney, § 3546. Levees, injuries to and actions for, § 3490. Reclamation districts: See Reclamation Districts. Patent, register when to prepare. § 3519. Patent, relinquishment from federal government not required, § 3521. Sale, affidavit of purchaser what to state, § 3443. Sale, affidavit what to show if applicant a female, § 3444. Sale, application not approved until six months after segregation, § 3441. Sale, application to purchase lands not sectiouized, proceedings on, § 3445. Sale, balance of payments on lands sold in districts, when due, § 3485. Sale, bonds and warrants of districts receivable in payment, § 3440. PUBLIC LANDS. XI-QUARANTINB. 1291 Sale, interest, § 3440. Sale of land not property of state, rights of purchaser, §§ 3571, 3572. Sale, price of, § 3440. Sales, proceeds of, treasurer to place in swamp-land fund, § 3426. Sale, terms of payment, § 3440. Settlers preferred purchasers for six months, § 3442. Superior court, reference of proceedings to and pro- ceedings on, § 3443. Supervisors or clerk not to receive compensation, § 3484. Survey to conform to United States surveys, § 3445. Trustees, elections for, § 3491. PUBLIC OFFICERS: See Offices and Officers. PUBLIC SCHOOLS: See Schools. PUBLIC USE, taking property for, § 44. PUBLIC WORKS. Preference given to goods of local manufacture, § 3247. PUPILS: See Schools, XXII. PURITY OF ELECTIONS, act relating to, p. 1044. QUALIFICATIONS of officers: See Offices and Officers. QUARANTINE. San Francisco, examination and inspec- tion of vessels subject to quarantine, § 3018. San Francisco, fees of quarantine officer, § 3020. San Francisco, fees, what vessels exempt from, § 3020. San Francisco, freight not to be landed without per- mit from, § 3014. San Francisco, oaths, quarantine officer may admin- ister, § 3031. San Francisco, officer, duty of, § 3018. San Francisco, passengers not to be landed without permit, §§ 3014, 3019. San Francisco, penalty for neglect or refusal of mas- ter to comply with regulations, § 3016. San Francisco, pilots bringing in vessel subject to quarantine, duty of, § 3015. San Francisco, quarantine, grounds of, § 3004. San Francisco, quarantine officer, who appoints, § 3009. San Francisco, shipmasters to report cases of cholera, etc., to quarantine officer, § 3013. San Francisco, vessel subject to, duty of, § 3017. 1292 QUARANTINE— RECLAMATION DISTRICTS, San Francisco, vessels subject to quarantine, § 3017. Supervisors may locate quarantine grounds, § 3059. Supervisors may provide quarantine regulations, § 3059. QUORUM, county board of education of, § 1768. Of board of regents, § 1430. Of common council, § 4406. QUARTERMASTER-GENERAL of National Guard: See National Guard, XIII. RAILROADS. Acts empoAvering supervisors to aid rail- roads continued in force, § 19. Hours of labor on street-cars, §§ 3246, 3250. Not permitted through grounds of state hospitals, § 2146. Proceedings and rights where highway laid out crosses railroad, § 2694. Supervisors, power to grant authority to construct wharves, etc., § 2921. Taxation of: See Taxation. Taxes, apportionment of on division of county: See Taxation, XI. Unclaimed property, §§ 3152-3157. See Unclaimed Property. RATE of taxation: See Taxation, IV. REAL PROPERTY includes what, §§ 17, 3617. Meaning of, § 17. RECEIPTS, poll tax: See Taxation. Treasurer to give for payments, §§ 452, 4147. RECEIVER: See Public Lands, III. Bonds of and how may sue on, § 982. Bonds of, provisions relating to, § 981. RECLAMATION DISTRICTS. Accounts of expenditures and contracts open to inspection, § 3468. Accounts of expenditures to be kept. § 3468. Additional land, how added to, § 3489. Assessments, actions to determine validity of, § 3493%. Assessments, action on, joinder of assessments in one action, § 3466. Assessments, action on, judgment in, decreeing a line, § 3466. Assessments, action on, judgment in, form and en- forcement of, § 3466. Assessments, actions on, judgments upon whom bind- ing, § 3466. RECLAMATION DISTRICTS. 1:!93 Assessments, action on, parties to, § 3466. Assessments, action, list is evidence of what facts, § 3463. Assessments, actions on, parties to, § 3466. Assessments, actions on, summon, liow served, § 3466. Assessments, actions on, trustees to commence, § 3466. Assessments, ax^tion on, unknown owners, how made parties, § 3466. Assessments, action on, when accrues, § 3466. Assessments, additional, § 3459. Assessments, collections to be paid to county treasurer to credit of district, § 3466. Assessments, credits to be given to owners, § 3464. Assessment decreed a lien, § 3466. Assessments, delinquent, proceedings against unknown owners, § 3466. Assessments, delinquent, proceedings against, § 3466. Assessments, delinquent, interest on, § 3466. Assessments, errors and mistake in, correction ot, § 3460. Assessments for reclamation purposes, § 3456. Assessment, invalid, owner paying given credit, § 34661/2. Assessments, installment, failure to pay, balance be- comes due. § 3466. Assessments, installments, payment of in, § 3466. Assessments, interest on, § 3466. Assessments, lien after lists filed, § 3463. Assessments, list, commissioners to make, § 3460. Assessment list, mistake in name of owner, effect of, § 3461. Assessment ust, treasurer to return to trustees after thirty days, § 3466. Assessments, lists to remain with treasurer how long, § 3465. Assessments, lists, what to contain, § 3461. Assessments, lists, where and how filed, § 3462. Assessment, payments how may be made, § 3465. Assessments, payment in warrants, computation of in- terest, § 3465. Assessments, subsequent purchaser takes subject to, § 3469. Assessments, where paid, district in different counties, § 3458. Balance of payments on land sold in, when due, § 3485. By-laws of, § 3452. By-laws, subsequent purchaser takes subject to, § 3469. Commissioners to view and assess land, § 3456. RECLAMATION DISTRICTS. Completion of reclamation to be certified to register, § 3476. Consolidation ot § 3489. Dissolution of, § 3493. Elections in. § 3491. Expenditure of two dollars ner acre to be certified to register, § 3476. Formation of by owners of land reclaimed or in process of reclamation, § 3492. Injuries to levees or works by mobs, rights on, § 4457. In more than one county commissioners to assess, how appointed, § 3456. Interest ceases while reclamation work In progress, § 3474. Levee districts, reorganization of, § 3489. Levees, injuries to and actions for, § 3490. May condemn property. § 3471. Moneys, how paid out, § 3456. New district liable for proportion of old indebtedness, § 3482. New district, separation of lands and formation of, § 3481. Number and designation of, § 3483. Organized, becomes when, § 3453. Owners may file petition for when, § 3446. Owners of one-half or more of anv body of land may form, § 3492. Patents, when to issue, § 3477. Petition, certified copy to be sent to register, § 3450. Petition, duty of register on receiving copy, § 3451. Petition for. approvril of and proceedings on, § 3449. Petition for to supervisors, what to set forth, § 3446. Petition for. verification and publication, § 3447. Petition to be recorded. § 3450. Petition for, what to state, § 3446. Petition for, who may present, § 3446. Power to sue and be sued arises when, § 3453. Reforming where boundaries erroneous, § 3449. Reorganization, § 3489. Reorganization, bonds redeemed by trustee may be used in purchase of lands, § 3480. Reorganization, debts and creditor.s, § 3489. Reorganization of, indebtedness and creditors, § 3479. Reorganization of, manner of, S3489. Reorganization of, right of. § 3478. Reorganization of, trustees redeeming bonds and war- rants, right of, § 3480. RECLAMATION DISTRICTS— RECORDER. 1293 Statements of payments to be given by register to treasurer, § 3477. Subsequent purchasers, right of, § 3470. Subsequent purchaser takes subject to by-laws and assessments, § 3469. Supervisors in Sacramento county may employ clerk at expense of district, § 3484. Supervisors may let contract on application of owners or trustees, § 3475. Supervisors or clerk not to receive compensation, § 3484. Swamp-land fund, distribution of balance, § 3477. Trustees, allowance, § 3454. Trustees, compensation of, § 3454. Trustees, duties, ofRce and records of, § 3453. Trustees, election and term of office, § 3453. Trustees, forming to operate without, §§ 3472, 3473. Trustees, powers of, § 3454. Trustees, reclamation by owners without intervention of trustees. §§ 3472, 3473. Trustees to report plans and expenses to supervisors, § 3455. Trustees, vacancies, supervisors to fill, §§ 3491, 3493. Warrants, action on, effect on, § 3457. Warrants, cancellation of, after four years, § 3457. Warrants, interest on, § 3457. Warrants not paid to be registered and draw interest, § 2457. Warrants, presentment, and registration, § 3457. Warrants, time on, extension of, § 3457. Warrants, statute of limitations on, § 3457. Warrants to be presented to treasurer of county, § 3457. Work to be done under direction of trustees, § 3457. RECORDER, assessor to furnish certain abstracts to, § 3G78. Book and page where recorded to be indorsed on, § 4242. Books for records, to procure, on orders trom super- visors, § 4234. Bonds of, § 4122. Certificates of births and marriages, transmitting to state registrar, § 3078. Certificates of marriages and births, compensation for, and how paid, § 3079. Certificates of marriages and births, incorrect, deposi- tions, § 3081. RECORDER. Certificates of marriages and births, incorrect, duty on receiving depositions, § 3081. Certificates of marriages and births, recording, manner of and duty of recorder, § 3078. Certificates of sale, records of, § 4237. Consolidating offices of auditor and recorder, § 4106. Consolidating offices of county clerk, auditor and re- corder, § 4106. County clerk is ex- officio recorder in what counties, § 4105. County officer, is, § 4103. Custody of books, records, maps and papers, § 4234. Destroying contracts, plans and specifications, § 4247. Destroyed records, recording copies of, § 4248. Duty on receipt of instrument to be recorded, § 4241. Fees for recording births and marriages, none, § 3078. Fees for reporting sales of certificate of purchase, § 3517. Fees, not required to record instruments until pay- ment of, § 4245. Indexes, how to be kept, § 4240. Indexes, what to be kept by, §§ 4236, 4237. Indorsements to be made on recorded instruments, § 4242. Inspection, records of to be open to, § 4246. Judgments or decrees partitioning or affecting realty to be recorded, § 4238. Lost records, recording of copies, § 4248. Marks and brands, duty of recorder in relation to, § 3iC9. Name of person at whose request recorded indorsed on, § 4241. Neglect, mistake, or misconduct, liability for, § 4244. Oaths, may administer, § 4118. Office hours, § 4116. Office to be kept at county seat, § 4116. Partition, decrees partitioning property to be recorded, § 4238. Partition, record of as notice, § 4239. Reside at county seat, § 4119. Returning contracts, plans and specifications, § 4247. Searches and certificates, duty to make, § 4243. Supervisors to provide additional clerical force when, § 3678. Surety, cannot act as, § 955. Time of receipt of instrument to be indorsed on, § 4241. Time of recording to be indorsed on, § 4242. What Instruments to record, § 4235. RECORDS— REGISTRATION. Ii97 RECORDS. Destroyed or lost records, recording of copies, § 4248. Inspection, attachment, fact of issuing not to be made public, § 1032. Inspection, divorce proceedings not open to, § 1032. Inspection, records open to, § 1032. Particular records: See Particular Title. Supervisors: See Supervisors. REDEMPTION. Attorney-general to redeem property when, § 470. Of property sold for taxes: See Taxation, IX, 10. REFEREES, contest over salvage, compensation and ex- penses of, § 2414. REFUNDING of taxes: See Taxation, IX, 5. REGENTS, University of California, of: See University of California. REGIMENTS: See National Guard, XVII. REGISTER OF LAND OFFICE: See Public Lands, III. Bond of, § 502. Deputy surveyor-general is ex-officio deputy register of state land office, §§ 350, 497. Duties of, where prescribed, § 498. Fees of, § 501. Fees of, how disposed, § 501. Salaries of clerks of, § 500. Surveyor-general is ex-officio, §§ 350, 497. REGISTRATION: See Elections, III. Bureau of vital statistics: See State Board of Health. Certificates of births and marriages, transmitting to state registrar and duty of registrar, § 3078. Certificates of marriages and births, compensation for recording and how paid, § 3079. Certificates of marriages and births, forms and instruc- tions, § 3080. Certificates of marriages and births, incorrect, depo- sitions, § 3081. Certificates of marriages and births, incorrect, duty of recorder on receiving depositions, § 3081. Certificates of marriages and births, neglect or refusal of duty a misdemeanor, § 3082. Certificates of marriages and births, recording, manner of and duty of recorder, § 3078. Certificate of registry of birth, filing with county re- corder, § 3077. Certificate of registry of births, form and contents of, § 3077. Pol. Code — 82 1298 REGISTRATION— REPORTS OF SUPREME COURT. Certificate of registry of marriage, filing with county recorder, § 3076. Certificate of registry of marriage, form and contents Of, § 3076. Fees, none to be charged for recording certificates of marriages and births, § 3078. Health officer acts as local registrar in cities with char- ters, § 3077. Statistics of births, deaths and marriages, state board of health to keep, §§ 2979, 3074. Violation of laws relating to registration of births, •deaths and marriages, report of to state board of health, § 2984 REGULATIONS of National Guard: See National Guard, VI. RELEASE, surety, release of, how accomplished, §§ 972- 975. REMOVAL from county, collection of taxes in cases of: See Taxation, IX, 4. Officers: See Offices and Officers. REPEAL: See Statutes. Reports, purchase and distribution of copies by secre- tary of state, § 781. Reports, state printer, when to print and bind, § 782. x^eports, style of, § 777. Reports to be published under supervision of court, § 774. Reports, to have no pecuniary interest in, § 778. Sacramento, to reside and keep offices at, § 852. Salary of, § 739. Supreme court, appoint reporter and assistants, § 767. REPORTS: See Offices and Officers. All reports, etc., of officers to be printed at state print- ing office, § 540. Distribution of to colleges and universities, § 2295. Governor to deliver to state printer, § 380. Particular officers: See Particular Office. Printed at expense of appropriation, § 540. Special, governor may require, § 380. State printer to render bill for printing, binding, etc., § 540. Supreme court decisions: See Reporter of Supreme Court. REPORTS OF SUPREME COURT: See Reporter of Su- preme Court. REPRESENTATIVES IN CONGRESS— REPORTER, ETC. 1299 REPRESENTATIVES IN CONGRESS, certificates of elec- tion, governor to issue, § 1347. Election of: See Elections. Returns, clerk to make certified abstract of vote, § 1344. Returns, clerk to seal, indorse and transmit, § 1345. Returns, duty of secretary of state relative to, § 1346. Returns, how made, § 1344. Returns, how transmitted, § 1345. When held, § 1343. RESCUE, no action for after return or recapture of pris- oner, § 4184. Person arrested in civil action, liability of sheriff, § 4183. RESIDENCE, allegiance may be renounced by change of, § 56. Change of, vacates office when, § 996. County officers, restrictions upon, § 855. Definition of, § 52. Every one has, § 52. REPORTER OF DECISIONS OF SUPREME COURT AND DISTRICT COURT OF APPEALS. Appoint- ment and term of office, § 767. Assistants, number of, § 739. Assistants, salaries of, § 739. Duties of, §§ 771, 772. Original opinions and papers, right to take, § 776. Reporter and assistants hold at pleasure of supreme court, § 767. Reports, contract for publication of, § 778. Reports, contract for publishing, advertising for pro- posals and awarding contract, § 779. Reports, contract for publishing, bond of contractor, § 780. Reports, contract for publishing, duty of secretary of state where no proposals, § 782. Reports, contract for publishing, what to require, § 780. Reports, contract, to be published by, § 778. Reports, how distributed, § 410. Reports, manner and form of making, § 773. Reports, printing and binding, § 777. Reports, proof sheets, correction and return of, § 775. Reports, proof sheets to be furnished justices, § 774. How only changed, § 52. Judges, restrictions upon residence of, § 854. Married woman, of, § 52. Minor child, of. § 52. 1300 REPORTER OF SUPREME COURT, ETC.— RIOTS. Minor, unmarried, lesidence of, who cannot change, § 52. Notaries, of, § 792. Officers: See Offices and Officers. Proceedings on challenge of voter for non-residence in state, § 1232. Reading rules governing before administering oath as to, § 1241. Removal, cancellation of entry in great register on, § 1106. Removal from county, collection of taxes: See Taxa- tion, IX, 4. Rules for determining, §§ 52, 1239. Sacramento, what officers to reside and keep offices at, § 852. Term of, how computed, § 1240. RESIGNATION, office becomes vacant on, of incumbent, § 996. Officers: See Offices and Officers. Of officers, to whom, § 995. Of military officers, §§ 1926, 1928. Of notaries public, § 796. RESOLUTIONS, joint time to taking effect, § 324. See Legislature. RETIREMENT from militia: See National Guard, XXXVI. RETROACTIVE, code is not, § 3. RETURN: See Sheriffs. Election: See Election, IX. REVENUE: See Taxation. Violation of revenue laws, proceedings on: See Taxa- tion, XII. REWARDS, governor's election proclamation to contain offer of. § 1054. Governor, power of to offer, § 380. RIFLE PRACTICE: See National Guard, XXXIII. RIOTS, action to be brought within year, § 4454. contributory negligence defeats action for injury from § 4466. l<'lring upon mob by militia, § 1921. Jurisdiction of police court, § 4426. Levees or other reclamation works, injuries to, § 4457. Liability ol city for injuries to, § 4452. Venue of action for injuries from, § 4453. Warrants and tax to pay judgment for injuries from, § 4455. RIVERS— SALARY. 130X RIVERS: See Watercourses. RIVERSIDE COUNTY, legal distance from county seat of to Sacramento, § 182. ROADS: See Highways; Streets. Road taxes: See Taxation, XIII. RODEOS, acts relating to continued in force, § 19. RULES, National Guard, of: See National Guard, VI. SACRAMENTO CITY, auction sales in to be in day-time except in certain cases, § 3308. Binding, folding, etc., for state printer to be done in, § 533. Board of health: See Health. Health, board of, law governing appointment and hold- ing of office, § 361. Health, regulations of: See Health. Seat of government is at Sacramento, § 145. State board of health, secretary of to reside at, § 2981. State board of health, two members to be residents of, § 2978. What officers to reside at and keep offices, § 852. SACRAMENTO COUNTY, boundaries and county seat, § 3928. Courts of, have jurisdiction over suits arising out of delinquencies relating to revenue, funds, etc., § 433, subd. 16u Legal distance from county seat to state capitol, § 183. Salary of county judge, § 4329. Salary of district attorney, § 4330. Supervisors may employ clerk at expense of reclama- tion district, § 3484. Treasurer, when to setle with controller, § 3866. SACRAMENTO RIVER, a navigable stream, § 2349. Rafts of timber on, lights on, § 2370. Steamboats on to carry spark-catchers, § 2374. Toll bridge not permitted over, § 2872 SAILORS exempt from license tax, § 3C66. SALARY, acts relating to continued in force, § 4331. Adjutant-general, § 2086. Adjutant-genei-al, clerks and employees of, § 2086. Assistant adjutant-general, § 2086. Assistant attorney-general, § 472 Assistant physician of state hospitals, § 2154. 42 1302 Assistants to city and county attorneys in certain cities and counties, p. 1042, Stat. Assistants to reporter of decisions of supreme court and district court of appeals, § 739. Assistant to secretary of board of examiners, § 684. Assistants to secretary of state, § 420. Attorney-general, § 471. Bailiff of district courts of appeals, " 758. Bailiffs of supreme court, § 739. Bookkeeper for controller, § 440. Bookkeeper of secretary of state, § 419. Bookkeeper of treasurer, § 456. Chief deputy supreme clerk, § 756. Clerk for controller, § 440. Clerk of attorney-general, § 475. Clerk of board of election commissioners, how paid, § 1077. Clerks of district courts of appeals, § 758. Clerk of register of land office, § 500. Clerk of state board of equalization, §§ 3700, 3701. Clerk of state treasurer, § 515. Clerk of superintendent of public instruction, § 514. Clerk of supreme court, § 755. Clerk of surveyor-general, § 485. Clerks to secretary of board of examiners, § 685. Commissioner of highways, salary of paid at close of each quarter, § 4344. Contest of office, payment of salary, §§ 936, 937. Controller, § 438. Controller, clerks of, § 440. Controller, deputy, salary of, § 440. Controller, expert to, § 440. Controller, porter of, § 441. County judges, §§ 4328, 4329. Deputy controller, § 439. Deputy immigration commissioner, § 2969. Deputy insurance commissioner, § 629. Deputy of attorney-general, § 472. Deputy of attorney-general, how paid, § 472. Deputy of board of election commissioners, how paid, § 1077. Deputy school superintendent, §§ 1549, 1550. Deputy secretary of state, § 418. Deputy state librarian, § 2303. Deputy state printer, § 534. Deputy superintendent of schools, § 514. Deputy supreme clerk, § 756. Deputy surveyor-general, of, § 485. Deputy treasurer, § 456. District attorneys, §§ 4328, 4330. District court of appeals, salaries of, § 736. Election commissioners, § 1075. Executive secretary of governor, § 386. Fish and gave w^arden, p. 1089, Stats. General superintendent of state hospitals for insane, § 2137. Geologist, state, assistants to, § 552. Governor, § 384. Harbor commission of Eureka, of civil engineer, § 2572. Harbor commission of Eureka, of commissioners, § 2572. Harbor commission of Eureka, of secretary, § 2572. Harbor commission of San Diego, of officers and em- ployees, §§ 2606, 260 K Harbor commission of San Francisco, salaries of offi- cers and employees, § 2552. Health board in San Francisco, employees of, §§ 3010, 3012. How paid, § 1029. Insane, salaries of officers of state hospitals for, § 2141. Insurance commissioner, § 628. Internes of state hospitals, § 2154. Legislators, §§ 266, 267. Librarian of supreme court, §§ 739, 2314. Lieutenant-governor, § 397. Medical superintendent of state asylums, § 2154. Officers and employees of legislature, §§ 268, 269. Officers of election, § 1072. Phonographic reporter of attorney-general, § 475. Phonographic reporters of supreme court, § 739. Pilot commissioners of Humboldt Bay, § 2483. Police department officers, of, in cities of first class, p. 1108, Stats. Porter of state treasurer, § 460. Principal teacher of deaf, dumb and blind asylum. § 2269. Printing expert, § 679. Private secretary of governor, § 385. Recording clerk of secretary of state, § 420. Reporter of supreme court and district courts of ap- peal, § 739. 1304 SALARY— SALES. Secretary of board of election commissioners in cities and counties over 150,000, § 1077. Secretary of board of examiners, § 654. Secretary of pilot commission of San Francisco. § 2445. Secretary of state, § 417. Secretary of state, assistant to, § 420. Secretary of state board of health, § 2982. Secretary of state text-book committee, § 1874a. Secretary of supreme court, § 739. • Secretary of trustees of state normal school, § 1489. Special police for state capitol, § 425. State board of equalization, of members of, § 3700. State geologist, § 551. State librarian, § 2302. State printer, § 534. Statistician to state board of health, § 3075. Stenographer of clerk of supreme court, § 751 1/^. Stenographer of district court of appeals, § 758. Stenographer to state treasurer, § 515. Stenographer of governor, p. 1092, Stats. Superintendent of city cemetery of San Francisco, § 3035. Superintendent of home for dipsomaniacs, § 3022%. Superintendent of public instruction, § 513; Superior judges, §§ 737, 738. Supreme judge, § 736. Surveyor-general of, § 484. Text-book clerk to the superintendent of public instruc- tion, § 515. To be full compensation for all services, § 1033. Treasurer, § 455. Treasurer, deputies and clerks in certain cities and counties, p. 1114, Stats. Treasurer of deaf, dumb and blind asylum, § 2281. Watchmen for state capitol and governor's mansion, § 421. "Watchmen for treasurer, § 457. SALES, contracts where officers interested voidable, § 922. Officers not to be purchasers at their own sales, § 921. Officers not to be vendors on their own purchases, § 921. Taxes, sale of land sold to state for: See Taxation. IX, 9. Tax sales: See Taxation, IX, 8. SAL,MON— SAN FRANCISCO. 1306 SALMON. Act to regulate salmon fisheries in Humboldt continued in force, § 19. SALT MARSH LANDS: See Public Lands, XI. SALVAGE: See Wrecks. SAN BENITO COUNTY, legal distance from county seat of to Sacramento, § 184. SAN BERNARDINO COUNTY, boundaries and county seat, § 3943. Legal distance from county seat of to Sa. ramento, § 185. Salary of county judge, § 4329. Salary of district attorney, § 4330. SAN DIEGO CITY, harbor commissioners of: See Harbor Commissioners. Mayor of, ex-officio member of harbor commission, § 2587. Normal school, act establishing in, p. 1102. Police commission to appoint what employees of har- bor commission as special police, § 2603. Police court of has jurisdiction of offenses in harbor, § 2597. Streets and sewers, extending along waterfront of, § 2580. SAN DIEGO COUNTY, boundaries and county seat, § 3944. Legal distance from county seat of to Sacramento, § 186. Salary of county judge, § 4329. Salary of district attorney, § 4330. SAN FRANCISCO. Auction sales in to be in day-time except in certain cases, § 3308. Auction sales, notice of, in, § 3307. Board of health of, law governing appointment and holding of office, § 360. Board of health of San Francisco: See Health. Bond of immigration commissioner of, § 2968. Boundaries, § 3950. Burial in: See Burial. Canvass of votes, how commenced in, § 1253. Code provisions relating to supervisors 'do not apply to, § 4087. Delivery of packages containing election returns in, § 1264. Election, failure to designate place of holding, proceed- ings on, § 1132. 1306 SAN FRANCISCO— SAN JOAQUIN COUNTY. Election, posting copies of precinct register before holding, §§ n49, 1150. Election, sealing and delivering packages containing returns, § 1264. Failure of tax collector to prepare military roll in, penalty, § 1898. Farallone Islands part of, § 3950. Free market, act authorizing harbor commissioners to establish, p. 1096. Gas meters, inspector of, to reside in, § 583. Harbor commissioners of: See Harbor Commissioners. Health board and officers: See Health. Home for inebriates and dipsomaniacs, § 3022%. Home of inebriates in San Francisco, act relating to continued in force, § 19. Insurance commissioner to keep office in, § 631. Legal distance from county seat of to Sacramento, § 187. Maps of changes in streets on waterfront, § 2538. Mayor of is ex-officio member of harbor commission, § 2531. Mechanics' institute: See Mechanics' Institute. Normal school in, act establishing, p. 1101. Notaries, number of. in, § 791. Notary, additional for, to reside at Presidio, p. 1108, Stats. Notary for to reside at Goat Island, p. 1109, Stats. Pilotage: See Pilotage. Pilot commissioners: See Pilot Commissioners. Pilots for: See Pilots. Police commission to appoint certain officers of harbor commission as special police, § 2550. Port wardens in: See Port Wardens. Proceedings where in canvassing votes there are too many ballots, § 1256. Quarantine: See Quarantine. Salary of county judge, § 4329. Salary of district attorney, § 4330. Streets and sewers alon'g waterfront in, § 2525. Swamp and overflowed lands within five miles, law governing, § 3488. Tax collector to prepare military roll in, § 1897. Wharves in, § 2920. Yerba Buena Island part of, § 3953. SANITARY CORPS: See National Guard, XXIV. SAN JOAQUIN COUNTY, boundaries and county seat, § 3932. SAN JOAQUIN COUNTY— SCHOOL FUNDS. 1307 Legal distance from county seat of to Sacramento, § 188. Salary of county judge, § 4329. Salary of -district attorney, § 4330. SAN JOAQUIN RIVER, a navigable stream, § 2349. Rafts of timber on, lights on, § 2370. Steamboats on to carry spark-catchers, § 2374. Toll bridge not permitted over, § 2872. SAN JOSE, normal schools In, act relating to, p. 1102. SAN LUIS OBISPO COUNTY, boundaries and county seat, § 3947. Legal distance from county seat of to Sacramento, § 189. Salary of county judge, § 4329. Salary of district attorney, § 4330. SAN MATEO COUNTY, boundaries and county aeat, § 3951. Legal distance from county seat of to Sacramento, § 190. Salary of county judge, § 4329. Salary of district attorney, § 4330. SAN QUENTIN, swamp and overflowed lands near, ex- cepted from chapter on public lands, § 3488. SANTA BARBARA COUNTY, boundaries and county seat, § 3946. Legal 'distance from county seat of to Sacramento, § 191. Salary of county judge, § 4329. Salary of district attorney, § 4330. SANTA CLARA COUNTY, boundaries and county seat of, § 3952. Firemen, act authorizing supervisors to exempt from poll tax, p. 1086. Legal distance from county seat of to Sacramento, § 192. Salary of county judge, § 4329. Salary of district attorney, § 4330. SANTA CRUZ COUNTY, boundaries and county seat, § 3949. Legal distance from county seat of to Sacramento, § 193. Salary of county judge, § 4329. Salary of district attorney, § 4330. SCHOOL BONDS: See Schools, XXVI. SCHOOL DISTRICTS: See Schools, XVIl. SCHOOL FUNDS: See Schools, XXV. 1308 SCHOOL. LAW— SCHOOLS, I. SCHOOL LAW, offenses against: See Schools, XXX. SCHOOL LIBRARIES: See Schools, XX. SCHOOL LANDS: See Public Lands, X. SCHOOLS. I. State superintendent of public instruction. II. County superintendent. III. City superintendent. IV. Boards of education. V. Trustees. VI. Officers. VII. Census marshal. VIII. Boards of examination. IX. Teachers. X. Certificates. Xl. Diplomas. XII. Institutes. XIII. Grading. XIV. Normal schools. XV. High schools. .XVI. Kindergarten. XVII. School districts. XVIII. Union school districts; joint union school dis- tricts. XIX. Text-books. XX. Libraries. XXI. Binding; printing; contracts. XXII. Pupils; deaf children. XXIII. Studies and instructions; daily sessions; ex- hibitions. XXIV. School month and year; time to be kept open. XXV. Funds. XXVI. Bonds. XXVII. Taxes. XXVIII. Official journal. XXIX. Buildings, ventilation, heating. XXX. Offenses against school law. XXXI. Lost or destroyed records and certificates. Women eligible to educational offices, p. 1103, Stats. I. State superintendent of public instruction. Apportionment of school funds, rules governing, § 1858. Apportionment, district not entitled to unless teachers have legal certiflcates, § ISGO. SCHOOLS, I, II. 1309 Apportionment, district not maintaining scliool wlien and when not entitled to, § 1859. Assistants are civil executive officers, § 515. Assistants, what may appoint, § 515. General duties of enumerated, § 1532. Bond of, § 517. Clerk of, salary of, § 514. Convention of school superintendents, may call, § 1533. Convention of superintendents, expenses, allowance any payment, § 1533. Deputy, salary of, § 514. Duties of, § 1532. Duties, where prescribed, § 512. Ex-oliicio regent of university, § 353. Ex-officio secretary of joint boards of normal school trustees, § 1492. Ex-officio trustee of state normal schools, § 354. General powers and duties of, enumeration of, § 1532. Member of state board of education, §§ 1517, 1518. Mode of election prescribed by constitution, § 348. Report, number of copies of, § 334. Report, when to make, § 332. Salary of, § 513. School fund, how apportioned, § 1532. Secretary of state board of education, § 1518. To reside and keep offices at Sacramento, § 852. To visit normal school, § 1505. Traveling expenses of, §§ 516, 1532, subd. 9. Vacancy in office, governor to fill, § 1002. II. County superintendent. A county officer, § 4103. Bond of, § 4122. Boundaries of school districts, duties in relation to, § 1551. Clerk of district, to appoint on failure of trustees to elect, § 1649. Convention of superintendents, expenses, allowance, and payment, § 1533. Convention of superintendents, superintedent of pub- lic instruction may call. § 1533. Deputy, appointment and salary, §§ 1549, 1550. Deputies, may appoint, § 1549. Deputy, compensation of, §§ 1549, 1550. Duties of generally, §§ 1543, 4302. Expenses, requisitions for. § 1548. Expenses, traveling, allowance and payment of, § 1552. Expenses, what allowed- to, § 1548. !10 SCHOOLS. II-IV. Forfeiture for failure to make report, § 1544. Joint union school district, powers and duties In rela- tion to: See Post, XVIII. May appoint teachers and open schools, when, § 1545. May require trustees to abate nuisances, § 154(5. May require trustees to furnish outhouses and orna- mental trees, etc., § 1546. May require trustees to repair school buildings and property, § 1546. Oath, may administer, § 4118. Orders, making, approving and allowing of, § 1548. Petition to change school district, §§ 1577, 1578. Powers and duties, enumeration of, § 1543. Powers of where census incorrect, § 1636. Report of children of school age, § 1551. Requisitions for expenses, § 1543. Requisitions drawn by. § 1548. Secretary of county board of education, ex-offlclo, § 1768. Teachers' institutes, to hold, §§ 1560, 1561. Teachers' library, to take charge of and catalogue, § 1565. Text-books, duty to purchase, § 1874. To estimate school fund required, § 1817. To fill vacancies in board of trustees, § 1593. Union school district, powers and duties in relation to: See post, XVIII. When cannot teach. § 1553. III. City superintendent. Chairman of city board of examination, § 1789. Purchase of text-books for school libraries, § 1874. School census, how determined in case of public calam- ity, § 1636. Term of, § 1793. IV. Boards of education. Generally. Assistant secretary may administer oaths, § 1873. Bribe, giving or receiving a misdemeanor, § 1879. Bribery, who may be compelled to testify, § 1879. Member not to be interested in contract, § 1876. Secretary of may administer oaths, § 1873. Soliciting candidate for, punishment of, p. 1102, Stats. State board of education. Certificates, granting to graduates of state university, § 1775. Concurrence of majority necessary to validity of acts, § 1619. SCHOOLS, IV. 1311 Designation of official journal, § 1521. Diplomas, application for, how made and what to contain, § 1521. Diplomas, what to grant, § 1521. Governor is president of, § 1518. How constituted, § 1517. Majority necessary to validity of acts, § 1519. Meetings of, § 1519. Meets at call of secretary, § 1520. Members, appointment and terms of office where pro- vided for, § 355. Of whom consists, § 1517. Organization, § 1518. Powers and duties of, enumeration of, § 1521. Po"v/ers and duties, where prescribed, § 708. Superintendent is secretary of, § 1518. Traveling expenses, how audited and paid, § 1522. County boards of education. Appointment, superintendent to make on failure of supervisors, § 1768. Appointment, supervisors appoint members of, § 1768. Certificates, examination, § 1772. Certificates, examination for, how conducted, § 1773. Certificates, examination for, granting or renewing, § 1770. Certificates, granting by, § 1771. Certificates, how issued, § 1775. Certificate, issuance, renewal or revocation of, vote necessary, § 1768. Certificates, renewal of and rights under, § 1775. Certificates, revocation or suspension of, § 1771. Certificates, special, may be issued, when, § 1775. Certificates, standing to be indorsed on, § 1774. Certificates without examination may be granted, when, § 1775. Compensation and mileage, § 1770. Diplomas, issuance of, § 1771. General powers and duties, enumeration of, § 1771. Meetings, § 1770. Members not to prepare teachers for examination, § 1776. Of whom composed, § 1768. Organization, § 1768. Printing and incidental expenses, how met, § 1770. Qualifications of members, § 1768. Qualifying, § 1768. Quorum. § 1768. Secretary, compensation of, § 1770. 1312 SCHOOLS, IV, V. Superintendent, ex-ofllcio secretary, § 1768. Vote, ayes and nayes, § 1768. City boards of education. Certificates, examinations for and issuance of § 1791. Election of, § 1616. Funds, duties as regarding, § 1621. Funds, for what purposes may be used, § 1622. Liable for losses for failure to appoint census mar- shals, § 1624. Members not to prepare teachers for examination, § 1776. Powers and duties of, §§ 1616, 1617. Powers in admission and rejection of pupils, § 1662. Salaries of employees, may fix, § 1793. Schools to be established for equal length of time, § 1619. Supplies, duties to furnish, § 1620. Supplies, how audited and paid, § 1620. V. Trustees. Appointment of and filling vacancies, § 1543. Bribe, giving to or receiving a misdemeanor, § 1879. Bribery, who may be compelled to testify, § 1879. Clerk, to elect, § 1649. Clerk, on failure to elect superintendent to appoint, § 1649. District, appointment, election and term of office, § 1615. Election, challenge of voter, § 1600. Election, officers, procedure where none appointed, § 1596. Election, one inspector and two judges in each pre- cinct, § 1596. Election, officers, procedure where they fail to attend, § 1596. Election, precincts, changing and altering, § 1596. Election, precincts, division of district into, § 1596. Election, canvass of returns,§ 1602. Election, certificates of election, § 1602. Elections in new districts, § 1593. Election, notices of, § 1595. Election, opening and closing of polls, § 1597. Election, poll and tally list, § 1601. Election, qualified electors, who are, § 1598. Election, voter, challenge and oath of, § 1600. Election, voting, how conducted, § 1599. Election, when and where held, § 1593. SCHOOLS, V-VII. 1313 Election, who may vote, § 1598. Eligibility of, § 1593. Every district under control of, § 1611. Failure to elect, § 1614. Funds, duties as regarding, § 1621. Funds, for Tvhat purposes may be used, § 1622. Joint district, appointment, election and term of office, § 1615. Joint district, number, election and term of office, § 1615. Joint district, terms cease on formation of, § 1615. Joint union school districts, trustees of: See post, XVIII. Liable for losses through failure to appoint census marshal, § 1624. Liable for what debts and judgments, § 1623. May hold and convey in name of district, § 1575. May sue and be sued in name of district, § 1575. New district, who to act as, § 1615. Not to be interested in contract, § 1876. Number of, §§ 1593, 1611. Powers and duties of, enumeration of, § 1617. Power and responsibility as to libraries, § 1717. Powers in relation to admission and rejection of pupils, § 1662. Resignation to be sent to county superintendent, § 1614. Schools to be established for equal length of time, § 1619. Soliciting candidate for, punishment of, § p. 1102, Stats. Supplies, duties to furnish, § 1620. Supplies, how audited and paid, § 1620. Term of office, § 1613. Terms of office of in new districts, § 1593. Union school districts, trustees of: See post, XVIII. Vacancies, how filled and term of appointee, § 1593. Vacancies, superintendent to fill, § 1543. Vacancies, what create, § 1613. VI. Officors. Officers not to act as agent for supplies, § 1870. Officers of department may administer oaths, § 1873. VII. Census marshal. Appointment of, § 1617. Board of education and trustees liable for losses through failure to appoint, § 1624. Pol. Code — 83 il4 SCHOOLS. VIII-IX. Census children, who are, § 1858, subd. 4. Census, how determined in ca.se of public calamity, § 1636. Compensation, amount of, § 1639. Compensation, how audited and paid, § 1639. Compensation, how paid on refusal of board to audit, § 1636. Compensation not paid unless superintendent ap- prove report, § 1640. Compensation not to be paid until report filed, § 1639. Duties of, enumeration of, § 1634. Must qualify and take oath, § 1634. Oaths, may administer, § 1636. Report, how made, § 1636. Report, neglect or refusal to report, § 1640. Report of, §§ 1634-1638. Report, what to show and include, §§ 1636, 1637, 1638. Report, when to file, § 1634. Report, where district in two counties, § 1635. Superintendent may appoint to take new census, when, § 1636. VIII. Boards of examination. Certificates, revocation of, § 1791. Certificates, what may issue, § 1791. Certificates, when granted without examination, § 1792. City superintendent of schools chairman of, § 1789. Compensation, § 1794. Elected by city board of education, § 1788. Examinations for certificates, when held, § 1790. General powers and duties of, enumeration of, § 1791. May be had in what cities or cities and counties, § 1787. Meetings, § 1790. Member not to prepare teacher for examination, § 1776. Of whom consists, § 1788. Qualifications of members, § 1788. Term of office, § 1788. IX, Teachers. Abusing in presence of class, a misdemeanor, § 1867. Beginners, salaries of teachers for, § 1687. Certificate, duty to file, § 1696. Dimissal of and appeal to superintendent, §§ 1698, 1699. Dismissal, teacher holding city certificates when only can be dismissed, § 1793. Duties of generally, enumeration of, § 1696. SCHOOLS. IX. law Holding certificate below grade not to be employed, § 1543. Holding city certificates, in what schools may teach, § 1793. Holding primary certificate, in what schools may teach, § 1663. Kindergarten: See post, XVI, Kindergarten. Leaving before expiration of time, § 1699. Members of boards of education not to prepare teachers for examination, § 1776. Must be eighteen years of age, § 1704. Not to act as agent for supplies, § 1870. Not to teach in school of higher grade than certificate, § 1663. Opening and closing schools, notice of, § 1696. Principal of county high school may act as principal of grammar schools, § 1671. Rules for examination, county board of education to prescribe, § 1771. Salaries, allowance of, when enjoined. § 1818. Salaries, special fund for payment for, §§ 1818 1818a. Salaries, special fund, deficiencies or surplus in. pro- ceedings in case of, § 1818. Salaries, special fund for, illegal allowance of demand against, penalty, § 1818. Salaries, special fund for, statement of money used, § 1818. Specific city certificates, eligibility of holders to teach, § 1793. Special fund for salaries of, § 1818. State normal school, admission of to, § 1495. State normal schools, appointment may be fixed at four years, when, § 1489. State normal school, revocation of diploma, grounds for, § 1489. State normal school, revocation of diploma, notice of, § 1489. Suspension of, grounds for and proceedings on, § 1699. To instruct on morals, habits and citizenship, § 1702. Warrant for not to be drawn unless duty performed, § 1700. Warrant for, not to be drawn unless employed, § 1701. Warrant for, not to be drawn unless teacher has certificate, § 1701. 1316 SCHOOLS, X. X. Certificates. Certificates granted before passage of statute, effect of, § 1775, sub. 3. Certificate, permanent, state board to grant to holder of diploma from university, when, § 1775. Certificates, temporary, issuance of, § 1543. City, grammar, how long valid and rights under, § 1791. City, granted without examination, when, § 1792. City, high school, how long valid and rights under, § 1791. City, holders of, eligibility of and when only can be dismissed, § 1793. City, primary, how long valid and rights under, § 1791. City, special, eligibility of holders to teach, § 1793. City, special, issuance of, § 1791. City, revocation of, § 1791. County, board may require examination of holder, when, § 1775. County, examination, granted without, when, § 1775. County, examinations, how conducted, § 1773. County, examination is had in what studies, § 1772. County, grammar, how long valid and rights under, § 1771. County, grammar, to whom granted, § 1775, subd. 1. County, grammar, to Wxiom granted without examina- tion, § 1775, subd. 1. County, granting to graduates of state university § 1775. County, high school, how long valid and rights under, § 1771. County certificates, high school, to whom granted with- out examination, § 1775. County, how issued, § 1775. County, issued only to those passing satisfactory ex- amination, § 1772. County, kindergarten primary certificate, to whom granted without examination, § 1775, subd. 1. County, permanent, power to grant and effect of, § 1775, subd. 4. County, power to renew, § 1775, sub. 3. County, primary, how long valid and rights under, § 1771. County, renewal of and rights under, § 1775, subds. 3 and 4. County, revocation or suspension, § 1771. SCHOOLS, X, XI. 131T bounty, special may be issued, when, § 1775. County, standing to be indorsed on, § 1774. Credentials, certificates on, county boards may ?rant at any time. § 1770. Destroyed, restoration of, § 1892. District not entitled to funds unless teachers have legal certificates, § 18G0. Examinations for by county boards, when held, § 1770. Examinations for by city boards, when held, § 1790. Examination, members of boards of education cannot prepare teachers for, § 1776. Fee for issuing or renewing, § 1565. Granting to graduates of university without examina- tion, § 1892. High school, diploma from normal school with univer- sity document entitle holder to, § 1503. Issuance, renewal or revocation by county board of education, vote necessary, § 1768. Issuing without authority of statute, a misdemeanor, § 1869. Joint district teacher does not have to have for each county, § 1583. Lost, restoration of, § 1892. Restoration of lost or destroyed § 1892. Renewal, county board may grant at any time, § 1770. State university, granting to graduates of, § 1775. Temporary, superintendent may issue, § 1543. To be issued to persons of good moral character only, § 1871. XI. Diplomas. Application for to state board of education, how made and what to contain, § 1521. County, issuance of, § 1771. Grammar school, granting by state board of education, § 1521. Granted before passage of act, effect of, § 1775, subd. 3. High school, granting by state board of education, § 1521. Issuing without authority of statute, a misdemeanor, § 1869. Life diploma, application for, how made and what to contain, § 1521. Normal school: See Normal Schools, ante, XIV. Power of state board of education to grant, § 1521. Provision for conferring of, § 1663. Revocation of by state board of education, § 1521. 1318 SCHOOLS, XI-XIV. State normal school, § 1503. Unlawful issue of, § 1869. XII. Institutes. City, expenses of, how paid, § 1560. City, in cities with more then seventy teachers, § 1560. City, sessions of, § 1560. City, teacher attending need not attend county, § 1560. Counties under twenty teachers, when held, § 1501. County, how often to be held, § 1560. County, teachers to attend and participate, § 1560. Expenses of, how kept and paid, §§ 1560, 1561, 1564. Institute and library fund, what to constitute and how drawn upon, § 1565. Instructors at, payment of, § 1565. Joint apportionment and payment of expenses, § 1560. Joint, expenses, limit on, § 1564. Joint, holding of, § 1560. One to be held each year, § 1560. Sessions of, § 1562. Superintendent of schools to preside over, § 1543. Teacher attending city need not attend county, § 1560. Teachers' pay not diminished by reason of attend- ance. § 1563. Trustees of state normal school may permit teachers or principal to attend, § 1502. Xlil. Grading. Schools, how classified, § 1663. XIV. Normal schools. Appropriations for, acts making, pp. 1101, 1102. Board of trustees, general powers and duties enumer- ated, § 1489. Board of trustees, secretary, election and salary of, § 1489. Branches, acts establishing various, p. 1101. Diploma and accompanying recommendation, rights under, § 1503. Diploma and university document entitle holder to high school certificate, § 1503. Diplomas, entitled holder to what certificates, § 1503. Diplomas, recommendations from city or county boards of education to holder of, § 1503. Diploma, revocation of, § 1489. Diplomas when issued, § 1503. Object of, § 1487. Orders on controller, how drawn and paid, § 1507. SCHOOLS, XIV, XV. 1819 President may be elected for four years when, § 1489. President, report of, what to state, § 1501. President to make annual report, § 1501. Principals are members of state board of education, § 1517. Pupils, declarations to be filed by, § 1497. Pupils, qualifications of, § 1494. Pupils, teachers with certificates may be admitted as, § 1495. Teacher, appointment may be fixed at four years, when, § 1489. Teachers, revocation of diploma of, § 1489. Trustees, appointment and terms of ofiice, § 354. Trustees, general powers and duties, enumeration of, § 1489. Trustees, governor is ex-officio member, § 354. Trustees, how constituted, §§ 354, 1488. Trustees, joint boards, meetings of, § 1492. Trustees, joint boards, meetings of, mileage of mem- bers, § 1492. Trustees, joint boards, of whom composed, § 1492. Trustees, joint boards, powei's and duties of, § 1492. Trustees, joint boards, secretary of, duties of, § 1492. Trustees, joint boards, secretary of, superintendent is, § 1492. Trustees may grant right to attend institute, § 1502. Trustees, meetings, regular expenses of attendance allowed, § 1491. Trustees, meetings, regular, how often held, § 1490. Trustees, meetings, regular, time, place and notice of, § 1491. Trustees, meetings, special, when held, § 1490. Trustees, powers and duties, where prescribed, § 709. Trustees, report of, § 1489. Trustees, salary of secretary, § 1489. Trustees, superintendent of public instruction ex-officio member, § 354. Trustees, under control of, § 1488. Trustees, vacancies, governor to fill, § 354. What schools are, § 354. XV. High schools. Admission of non-resident pupils on tuition, § 1G70. Admission of pupils where school more convenient than their own, § 1670. Admission or withdrawal of school district, § 1670. Admission to, qualifications for, § 1670. 1320 SCHOOLS, XV. Admission to, who admitted without examination, § 1670. Board, meetings of. § 1070. Board, powers of, § 1670. Board, who to constitute, § 1670. Bonds, § 1670. County high schools, additional, § 1071. County high schools, county board of education, duties of, § 1671. County high schools, course of study, § 1671. County high schools, elections for and how conducted, § 1671. County high schools, election for, ballots, § 1671. County high schools, establishment of authorized, § 1571. County high schools, establishment of, majority of votes requisite to, § 1671. County high schools, estimate of cost of lot, building and furniture, § 1671. County high schools, fund, orders, etc., how drawn on, § 1671. County high schools, fund, what constitutes, § 1671. County high schools, location of, § 1671. County high schools, petition for, § 1671. County high schools, principal may act as principal of grammar school, § 1671. County high schools, renting rooms, § 1671. County high schools, supervisors to deed to county board of education, § 1671. County high schools, tax for maintenance, § 1671. County high schools, tax, special, on establishment, § 1671. County high schools, who entitled to admission, § 1671. Course of study in, § 1670. Disincorporation of, § 1670. Election for, when called, § 1670. Election, time and manner of holding, § 1670. How and where may be established, § 1670. How established and maintained, § 1669. Proceedings for formation validated, § 1671. Proceedings for establishment of, validated, § 1671. Site and buildings,- proceedings to procure, § 1670. Site and buildings, tax levy, § 1670. Suspension of, § 1670. Text-book, §§ 1670, 1874. Union, board, meetings of, § 1670. Union boards, powers of, § 1670. Union, bonds, § 1670. SCHOOLS, XV-XVII. 1321 Union, disincorporation of, § 1670. Union, election for when called, § 1670. Union, election in favoi- of, fluty of superintendent, § 1670. Union, election, manner of conducting, § 1670. Union, election, superintendent to declare result, § 1670. Union, established before passage of statute, valid, § 1671. Union, executive committee, § 1670. Union, joint union high schools, § 1670. Union, location and name of school, § j.o70. Union, president and clerk, § 1670. Union, site and buildings, proceedings, to procure, § 1670. Union, site and buildings, tax levy, § 1670. Union, trustees of, § 1670. XVI. Kindergarten. Children admitted to at four years of age, § 1662. Children under six may be admitted to, § 1617. Holder of certificate as teacher in, right of, § 1663. XVII. School districts. Attending school out of, § 1617. Boundaries, duty of superintendent in relation to, § 1551. Boundaries, right to attend school on change of, § 1577. Boundaries, when only changed, § 1577. Changed, new school to be opened within what time, § 1581. Change, notice of, sending and posting, § 1578. Change, petition for, duty of supervisors in relation to, § 1579. Change, superintendent to send petition to supervisors with approval or disapproval, § 1578. City as, governed by board of education or trustees of city, § 1576. City, constitutes separate, § 1576. City, funds where district united, § 1577. City, supervisors may annex territory, when, § 1576. City, territory annexed to, how deemed and treated, § 1576. Clerk of, board, failure to elect superintendent to appoint, § 1649. Clerk of, board to elect, § 1649. Clerk of, duties of, enumeration of, §§ 1650, 1651. SCHOOLS, XVII. Clerk, term of oflBce and salary, § 1576a. Clerk of, to exercise general supervision over school premises and property, § 1651. Clerk of, to provide school supplies, § 1651. Clerk, Mrhen may be appointed, § 1576a. Electors, meetings, how called, § 1617. Electors, meetings of, adjournment, § 1617. Electors, meetings of, votes how taken, § 1617. Electors, meetings of, when may be called, § 1617. Funds, transfer of where joinder of, § 1577. High school district, admission into, § 1670. High school district, partly within, § 1670. High school district, withdrawal from, § 1670. Joint apportionment, § 1583. Joint certificates in, § 1583. Joint, between what dates may be formed, § 1577. Joint, concurrent action of supervisors and super- intendents, § 1577. Joint district, contiguous school district, formation of into, § 1577. Joint, petition for, § 1577. Joint, property of, § Ibil. Joint, right of children to attend, § 1577. Joint, rules in, § 1583. Joint, teacher does not have to have certificate for each county, § 1583. Joint, text-books and rules governing in, § 1583. Joint, trustees and teachers in, reports of, § 1583. Joint union school districts: See post, XVHI. Joint, what are, § 1577. Joint, what districts may be formed into, § 1577. Joint, when may be formed, § 1577. Lapse of, proceedings in case of, § 1543. Lapse when, § 1543. Name of, § 1575. Name of, number not to be used as, § 1575. New, election of trustees in, § 1593. New, new school to be opened within what time, § 1581. New, right of children to r.ttend, § 1577. New, terms of office of trustees in, § 1593. New, trustees in, § 1615. When and how may be formed, § 1577. Not entitled to funds unless teachers have legal cer- tificate, § 1860. Not maintaining school, when and when not entitled to funds, § 1859. SCHOOLS, XVII. XVIII. 1323 Suspension of, § 1543. Trustees of: See Trustee, ante, V. Union school districts: See post, XVIII. United, funds, disposition of, § 1577. United, right of children to attend, § 1577. United, when may be, § 1577. When and how may be formed, § 1577. XVIII. Union school districts; joint union school dis- tricts, a. Union school districts. Admission to proceedings, when may be begun, § 1674. Admission or annexation of other school districts into, § 1674. Admission or annexation of portion of school district into, § 1674. Admission or annexation of portion of district in dif- ferent county into, § 1674. Buildings, erection or lease of, § 1674. Census in, § 1674. Classes, division of into, § 1674. Dissolution of, § 1674. Election for, § 1674. Executive committee to attend to routine work, ap- pointment of, § 1674. Formation of or admission to, effect on control of schools and powers of trustees, § 1674. Formation of, proceedings for, when may be begun, § 1674. Funds, apportionment of, § 1674. Funds, transfer of, to, § 1674. How formed, § 1674. Lease of buildings for schools, § 1674. Location of schools. § 1674. Location of schools, change of, when and how made, § 1674. May be formed, § 1674. Meetings of qualified electors, § 1674. Meetings, regular, § 1674. Meetings, special, § 1674. ' Name of, § 1674. Petition for formation of, § 1674. Pupils, transportation of, § 1674. Representatives, powers and duties of, § 1674. Representatives, selection of by electors, § 1674. Sale of property, proceeds how applied, § 1674. SCHOOLS. XVIII. Study, course of, § 1674. Superintendent, duty in relation to union school dis- tricts, § 1674. . Superintendent, powers and duties of, § 1674. Superintendent to direct trustees to call meetings of electors, § 1674. Supervising principal, appointment, duties and com- pensation, § 1674. Text-books, § 1674. Trustees, formation of, effect on powers of, § 1674. Trustees of, § 1674. Trustees, election and term of office, § 1674. Trustees, how composed, § 1674. Trustees, powers of, § 1674. Trustees, vacancy, how filled and term of appointee, § 1674. Withdrawal of school district, § 1674. h. Joint union school districts. Admission, proceedings, when may be begun, § 1674. Admission or annexation of other- school districts into, § 1674. Admission or annexation of portion of school district into, § 1674. Admission or annexation of portion of district in dif- ferent county, § 1674. Buildings, erection or lease of, § 1674. Census in, § 1674. Classes, division of into, § 1674. Dissolution of, § 1674. Election for, § 1674. Election and term of office, § 1674. Executive committee to attend to routine work, ap- pointment of, § 1674. Funds, apportionment of, § 1674. Funds, transfer of, to, § 1674. Formation of, proceedings, when may be begun, § 1674. Formed, how, § 1674. Location of, § 1674. Location of schools, when and how made, § 1674. Meetings of qualified electors, § 1674. Meetings, regular, § 1674. Name of, § 1674. Petition for, 1674. Pupils, transportation of, § 1674. Representatives, powers of, § 1674. SCHOOLS, XVIII, XIX. U26 Representatives, selection of, § 1674. Sale of property, proceeds, how applied, § 1674, Special, § 1674. Study, course of, § 1674. Superintendent, powers and duties of, § 1674. Supervising principal, appointment, duties and com- pensation, § 1674. Text-books, § 1674. Trustees, effect of on control of school and powers of, 8 1674. Trustees, how composed, § 1674. Trustees of, powers of, § 1674. Trustees, vacancy, how filled and term of appointee, § 1674. Withdrawal of school district, § 1674. What is, § 1674. XIX. Text-books. Adoption of uniform series of, § 1874. Appropriation for and claims against, § 1874. Committee on school text-books, appointment of, § 1874. Committee on school text-books, composed of whom, § 1874. Committee on school text-books, powers and duties of, § 1874. Committee on school text-books, secretary, appoint- ment, qualifications, duties and salary, § 1874. Compiling, printing and distributing, § 1874. Copyrights for, § 1874. Experts to pass on, employment and compensation of, § 1874. Joint districts, in, § 1583. Instruction to be given in what studies, § 1874. Penalty for failure to use state series of, §§ 1874, 1875. Price of, § 1874. Remain in force how long, § 1874. Royalty, § 1874. Sectarian publications not to be used, § 1672. State printer to have supervision of mechanical work, § 1874. State school-book fund, claims against, § 1874. State school-book fund, what constitutes, § 1874. State series of, adoption, printing and distribution of, § 1874. 1326 SCHOOLS, XIX-XXII. State text-book committee, office and duties, § 1874a. State text-book committee, secretary, appointment, term and salary, § 1874a. Superintendent of schools to purchase text-books for libraries, § 1874. When to take effect, § 1874. XX. Libraries. Appointment of librarian, § 1617. Control of, § 1715. Funds, apportionment of, § 1714. Fund, for what expended, § 1704. Fund, how drawn upon, § 1712. Funds, of what consist, §§ 1713, 1714. Management of, § 1G17. Orders for books, submission of, § 1712. Sectarian books not to be put in, § 1672. Stamping books, § 1712. Teachers, § 1565. Text-books, purchase of for school libraries, § 1874. Trustees, powers and responsibilities as to, § 1717. Where kept, § 1715. Who may use, § 1716. XXI. Binding; printing; contracts. Binding, duty of state printer, § 1877. Contract obtained by corrupt means, void, § 1879. Contracts, trustees or members of boards not to be interested in, § 1876. Printing, duty of state printer, § 1877. Text-books, printing and binding of, § 1874. XXII. Pupils; deaf children. Admission, children entitled to, § 1662. Admission, children under six not to be admitted to school, § 1617. Admission of pupils, order of, § 1683. Age at which may be admitted to schools, § 1662. Attending school out of district, § 1617. Beginners, teachers for, § 1687. Children under six admitted to kindergartens, § 1617. Deaf children, oral system of teaching for, § 1618. Deaf children, separate classes for, establishment of. § 1618. Deaf children, saparate schools for, age of admission, § 1662. Expulsion, grounds for, §§ 1685, 1686. Injuring school property, liability for, § 1686. SCHOOLS, XXII-XXV. 1327 Must comply with regulations, § 1684. Physical exercise, § 1G68. Powers of board in admission and rejection, § 1662. Right of to drill and parade, § 1942. Separate schools for Indians and Chinese, § 1662. Separate schools for deaf children, § 1662. Suspension, grounds for, §§ 1685, 1686. Under eight not to be kept more than four hours, § 1673. XXIII. Studies and instruction; daily sessions; exhibi- tions. Daily sessions not to exceed six hours, § 1673. English language, schools to be taught in, § 1664. Exhibition, license not required, § 3386. Instruction to be given in manners and morals, § 1667. Instruction to be given in what studies, § 1874. Instruction to be given upon nature of alcoholic drinks and narcotics, § 1G67. Recitations, restrictions upon, § 1665. Studies, county board of education to prescribe course, § 1771. Studies, instruction may be authorized in what, § 1666. Studies, instruction to be given in what branches, § 1665. Studies, sectarian teaching prohibited, § 1672. Study, amending and changing course of, § 1663. Study, course of in high schools, § 1670. Study, prescribing course of, § 1663. Teacher to instruct on morals, habits and citizenship, § 1702. XXIV. School month and year; time to be kept open. School month, what constitutes, § 1697. School time, aggregate of, § 1619. School year, when begins an-d ends, § 1878. Schools to be established for equal length of time. § 1619. Schools to be maintained for eight months, § 1621. XXV. Funds. Amount required, how estimated, § 1817. Amount to be raised, § 1817. Apportionment of, manner of, § 1858. Apportionment of by state superintendent, rules gov- erning, § 1858. Apportionment of in joint districts, § 1583. ;8 SCHOOLS, XXV, XXVI. Apportionment of, manner of, §§ 1532, 1858. Controller's estimate of amount necessary to raise seven dollars for each census child, § 443. Countv superintendent to estimate amount required, § 1817. Deficiency, retransfer of funds, § 1858, sub. 5. District not entitled unless teachers have legal certifi- cates, § 1860. District not maintaining school, when and when not entitled to, § 1859. For what purposes may be used, § 1622. Investment of funds from sale of school lands, § 680. No fees allowed for collection of, § 1857. Special duties of controller connected with, § 435. Special fund for teachers' salaries, § 1818. Special fund for teachers' salaries, deficiency or sur- plus in, proceedings in case of, § 1818. Special fund for teachers, illegal allowance of demand against, penalty, § 1818. Special fund for teachers' salaries, statement of money used, § 1818. State, used only for payment of what salaries, § 1861. Superintendent of public instruction to apportion state school fund, § 1532. Teachers' salary fund, § 1818a. To be used for maintenance of eight months' school. § 1621. Unexpended balance, disposal of, § 1621. XXyi. Bonds. Election for, ballots, form of, § 1883. Election for, canvass of votes, § 1883. Election for, certifving favorable result to supervisors, § 1884. Election for, how conducted, § 1883. Election for, issuance by school district, when called, § 1880. Election for, notice of, posting and publishing, § 1881. Election for, notice, what to contain, § 1882. Form of, § 1885. Interest on, § 1886. Limitation on amount of, § 1884. Notice to be given board of examiners and treasurer when ready to be soM, § 681. Payment and cancellation of, manner of, § 1887. Proceedings, validity of, § 1886. SCHOOLS, XXVI, XXVII. 1329 Purchased by board of examiners, deposit with and duty of treasurer, § 682. Proceeds of sale of school property of union school district to be applied, § 1G74. Sale of. § 1886. Sale of, price, § 1886. Supervisors, when to issue, § 1884. Tax, failure of supervisors to levy, proceedings, § 1888. Tax, proceeds to be used for no other purpose, § 1887. Tax, rate of, § 1887. Tax, when to be levied, § 1887. Unsold, cancellation of and proceedings for, § 1889. Validity of, § 1886. When payable, § 1885. XXVII. Taxes. County school tax, county superintendent to estimate school fund required, § 1817. County school tax, duty of auditor where supervisors fail to make levy, § 1819. County school tax fund, how computed, § 1817. County school tax, limit on rate of for school purposes, § 1817. County school tax, maximum and minimum rate, § 1818. County school tax, proceeds of to be paid into county school fund, § 1820. County school tax. special fund of payment of teachers' salaries, § 1818a. County school tax, supervisors to levy, § 1818. District school tax, election, ballot, form of, § 1834. District school tax, election, certificate of result by officers, § 1835. District school tax, election for tax for additional school facilities, § 1830. District school tax, election, how to be conducted, § 1833. District school tax, election, in power of supervisors to levy tax, § 1837. District school tax, election, notice of, posting and pub- lishing, § 1831. District school tax, election, notice to specify what, § 1832. District school tax, election, trustees to report result with amount to supervisors, § 1836. District school tax, rate, how ascertained, § 1837. ■ District school tax, rate, maximum and minimum rate, § 1839. Pol. Code — 84 1330 SCHOOLS. XXVII-XXXI— SEALERS OF WEIGHTS. ETC. District school tax, return of money where school not commenced, § 1830. Poll tax, proceeds of paid to school fund, § 3861. Special fund for teachers' salaries, § 1818. Tax: See Taxation, XIV. XXVIII. Official journal. Official journal for, § 1521. XXIX. Buildings, ventilation, heating. Attention to be given to temperature and ventilation of schools, § 1668. Buildings, fire-escapes, where over two stories in height, § 1890. Houses, location and change of, meeting of electors, § 1617. Schoolhouse, superintendent to pass upon plans, when, § 1543. XXX. Offenses against school law. Abusing teacher in presence of class, § 1867. Disturbing public school, punishment of, § 1868. Disturbing public school meeting, punishment of § 1868. XXXI. Lost or destroyed records and certificates. School records, restoration of, § 1696a. Teachers' certificates, restoration of, § 1892. SCHOOL TRUSTEES: See Schools, V. SCRIP, officers prohibited from purchasing, § 923. SEAL. Board of military auditors, seal to be attached to audited account, § 2093. Description and impression to be filed with secretary of state, § 1026. Great seal, § 1027. Particular officers: See Particular Title. Secretary of State to affix to official acts, § 408. Secretary of State to file descriptions of seals of state officers, § 408. What includes, § 14. SEALERS OF WEIGHTS AND MEASURES, county, copies of standards to be compared, sealed and marked, § 566, County, county clerks are ex-officio, § 562. County, fees of, § 567. County, state sealer to deposit copies of standards with, § 564. SEALERS OF WEIGHTS. ETC.— SECRETARY OF STATE. 1331 County, to keep standards of weights and measures, § 563. State, copies of standards to be marked, § 565. State, device inyjressed on copies of standards to be recorded, § 565. State, general duties of, § 561, State, Secretary of State is ex-officio of weigtits and measures, § 351. State, to deposit copies of standards with county seal- ers, I 564. SECRETARY OF STATE, additional clerks for, § 422 1^. Appointments, may make what, § 415. Assistants, what may appoint, § 415. Attorney-general to give opinion in writing to, § 470. Board of directors of state prison, member of, § 367. Board of examiners, chairman of. in absence of gov- ernor, § 654. Bonds filed with, § 948. Bonds to be filed with treasurer, § 949. Bookkeeper, salary of, § 419. Books distributed by, ownership of, § 411. Books distributed, how marked, § 411. Bond of, § 423. Capitol, superintendent and has charge of, § 412. Clerks and assistants, salaries of, § 420. Custody has, of what records, § 407. Deputy, Secretary of State, salary, § 418. Duties of, enumeration of, § 408. Duty as to state election returns, § 1290. Duty of relative to returns for representatives in Con- gress, § 1346. Election of mode of prescribed by constitution, § 348. Elevator attendant, salary of, § 420. Engineer, salary of, § 420. Ex-officio state sealer of weights and measures, § 351. Expenses, how audited and paid, § 414. Fees not to be charged legislators or officers, § 416. Fees of, § 416. Fees, payment into state treasury, § 416. Fees, portion of collected by, constitute state library fund, § 416. Fireman, salary of, § 420. Fuel, light and stationery. Secretary of State to furnish for whom, § 413. Fuel, lights and stationery, to furnish for whom, § 413. Janitor and janitor's clerks, salary of, § 420. SECRETARY OF STATE. Keeper of archives, salary of, § 420. Legislative laws, journals and resolutions, How distributed, § 409. OflBcers, what may appoint, § 415. Must be notified of qualifications of notary public, § 800. Must supply paper on application, § 1196. Paper for election tickets, § 1188. Porter of, salary of, § 420. Porter of capitol building, salary of, § 420. Printed bill, signed by governor, deposited with, § 528. Printed copies of laws, distribution and sale of, § 528. Printed copies of laws to be deposited with, § 528. Printing and distributing constitutional amendments, § 1195. Qualification of commissioners of deeds filed with, § 814. Recording clerk of, salary of. § 420. Report of, § 408. Resignation, to whom made, § 995. Resignations, certain made to, § 995. Returns of presidential electors, § 1313. Returns of representatives, § 1346. Sacramento, to reside and keep offices at, § 852. Salary of, § 417. State board of capitol commissioners, member of, § 366. State board of examiners, member of, § 364. State board of lunacy, member of, § 2131. State commission in lunacy, to furnish offices to in state capitol, § 2138. State printer to file proposals, contracts, bonds, etc., with, § 526. Statistician, salary of, § 420. Supreme court reports, how distributed, § 410. Supreme court reports, purchase and distribution of, by, § 781. To transmit to commissioners of deeds copies of certain laws, § 817. Trade mark, fee for filing, § 3198. Trade mark, filing with, § 3197. Trade marks, to keep public record of, § 3198. Vacancy in, how filled and duration of term, § 1001. Watchman, salary of, § 420. Watchmen have power of peace officers, § 421. Watchmen, salaries how paid, § 421. SECRETARY OF SUPREME COURT— SHERIFF. 1333 SECRETARY OF SUPREME COURT, salary of, § 739. SENATE: See Legislature. SENATORS, UNITED STATES, election, when for full term, § 1332. Election to fill vacancies. § 1333. SEPULTURE: See Cemeteries. SERGEANT-AT-ARMS, assistant, duties, § 260. Compensation, § 268. How elected, § 247. May arrest witness, § 303. Of senate and assemly, § 237. Of senate and assembly, duties, § 259. To serve notice when election contested, § 290. SERVICE, actual: See National Guard, XXXIV. Of persons may be required by state, § 37. Notice of contested election, § 276. Process on foreign corporations, § 616. Process by sheriff, §§ 4176, 4187. Process by coroner, § 4191. Process by elisor, § 4192. Process by constable, § 4314. SESSIONS, school: See Schools, XXIII, XXIV. SEWERS extending along water front of San Diego, § 2580. Extension of sewers across street along water front in San Francisco, § 2525. SETTLEMENTS, collection of taxes, on: See Taxation, IX, 11. SHASTA COUNTY boundaries and county seat, § 3911. Fees of district attorney in, p. 1043, Stats. Legal distance from county seat of to Sacramento, § 194. Salary of county judge, § 4329. Salary of district attorney, § 4330. SHERIFF. Auctioneer, sheriff is ex-officio when, § 3291. Badges for sheriffs and deputies, supervisors to fur- nish, p. 1109, Stats. Bonds of, § 4122. Compensation and expenses, what a county charge, § 4344. Compensation for conveying prisoners and insane pa- tients, p. 1109, Stats. Consolidating ofiices of sheriff and tax collector, § 4106. Coroner when to act as, § 4290. 43 County officer, is, § 4103. Courts of inquiry, fees for service of process, etc., § 2084. Courts of inquiry, to serve orders, process, etc., § 2084. Crier of court, duty to act as, § 4188. Damages for refusing to pay over money, § 4181. Directions to do not exonerate unless written, § 4185. Duties of, enumerated, § 4176. Duties required by law, sheriff to perform, § 4193. Election of, mode of, where prescribed, § 830. Elisor, court may appoint when, § 4192. Escape, no action for after return or recapture, § 4184. Escape of person arrested in civil action, liability, § 4182. Execution, neglect of sheriff to levy or sell under, lia- bility, § 4180. Failure to pay over money, office becomes vacant, when, § 4186. Floating lumber, when turned over to, § 2391. Insane persons, delivering to asylum, § 2172. Law, cannot have partner practicing, § 4121. Law, cannot practice, § 4121. Neglect of sheriff to pay over money, damages, § 4181. Notice, defined, § 4175. Notice, how returnable to another county, § 4177. Oaths, may administer, § 4118. Office hours, § 4116. Office to be kept at county seat, § 4116. Orders, justification of sheriff under, § 4187. Orders regular on their face, duty to execute, § 4187. Posse comitatus, exemption of members of National Guard from service on, § 2098. Powers and duties as to intrusion on public land, § 42. process defined, § 4175. Process, duty of sheriff to exhibit, § 4188. Process, how returnable to another county, § 4177. Process, justification of sheriff under, § 4187. Process regular on its face, duty to execute, § 4187. Removal of intruders on public lands of state, § 42. Rescue, no action for after return or recapture, § 4184. Rescue or person arrested in civil action, liability for, § 4183. ' Reside at county seat, § 4119. Return, evidence, § 4178. SHERIFF— SOLDIERS. 1335 Return, failure of sheriff to make without delay, pen- alty, § 4179. Return of prima facie evidence, § 4178. Service of papers on, how made, § 4190. Service, coroner to make where sheriff a party, § 4191. Supervisors may require services of, § 4047. Surety, cannot act as, § 955. Tax collector, sheriff is ex-officio in what counties, § 4105. Wrecks and wrecked property, duty in regard to, § 2403. Wrecked property, salvage on, § 2404. Wrecked property, possession of, § 2406. Wrecked property, notice of, § 2417. SHIPPING. Vessel includes what, § 17. Wrecks, §§ 2403-2418. See Wrecks. SHORTHAND REPORTERS: See Supreme Court. SIDEWALKS on highway, subject to what restrictions, § 2632. Trespass on, penalty, § 2632. SIERRA COUNTY boundaries and county seat, § 3921. Legal distance from county seat of to Sacramento, § 195! Salary of county judge, § 4329. Salary of district attorney, § 4330. SIGNAL CORPS: See National Guard, XXIII. SIGNATURE includes mark, § 17. Of ex-officio officers, § 1031. SINGULAR includes plural, § 17. Plural includes, § 17. SISKIYOU COUNTY. Act concerning marks and brands in Siskiyou County continued in force, § 19. Act concerning trout in Siskiyou County continued in force, § 19. Boundaries and county seat, § 3913. Legal distance from county seat of to Sacramento, § 196. SOLANO COUNTY boundaries and county seat, § 3956. Legal distance from county seat of to Sacramento, § 197. Salary of county judge, § 4329. Salary of district attorney, § 4330. SOLDIERS exempt from license tax, § 3366. 1336 ' SONOMA COUNTY— STANISLAUS COUNTY. SONOMA COUNTY boundaries and county seat, § 3955. Legal distance from county seat of to Sacramento, § 198. Salary of county judge, § 4329. Salary of district attorney, § 4330. SONOMA CREEK. Act to prevent destruction of fish in Sonoma Creek continued in force, § 19. Toll bridge not permitted over, § 2872. SOVEREIGNTY. All property without owner belongs to people, § 41. Resides in people, § 30. Rights of state over persons enumerated, § 37. State, of, none over places ceded to United States, § 33. State, of, territorial extent of, § 33. SPEAKER OF ASSEMBLY, compensation, § 267. Ex-officio regent of university, § 353. How elected, § 247. Legislative bills indorsed by, § 311. May administer oaths, § 252. May issue subpoena, § 300. Pro tem., how elected, § 247. SPECIAL COUNSEL, attorney-general may appoint where district attorney disqualified, § 472. Escheat proceedings, employment, powers and com- pensation, § 474. Limitation on power of attorney-general to appoint, § 472. No payments to be made to, § 472. State officers cannot employ, § 472. SPECIAL ELECTIONS: See Elections, XIV. SPECIFIC PERFORMANCE, Enforcement of contract to sell realty, affected by lien of judgment on bond, § 987. STAFF, officers of: See National Guard, XIV. STANFORD UNIVERSITY, state librarian to distribute state publications to, § 2295. STANISLAUS COUNTY, boundaries and county seat, § 3933. Legal distance from county seat of to Sacramento, § 199. Salary of county judge, § 4329. Salary of district attorney, § 4330. STATE— STATE BOARD OF EXAMINERS. 1237 STATE: See Jurisdiction. Absence from vacates office, when, § 996. Absence of county office from state, § 4120. Absence of officer from: See Offices and Officers. Acts funding debt of preserved, § 19. Acts relating to suits against, p. 1110. Allegiance, definition of, § 55. Allegiance may be renounced by change of residence. § 56. All persons within, entitled to protection, § 54. All persons within, subject to jurisdiction of, § 54. All property without owner belongs to people, § 41. Bonds of board of examiners may purchase at sale of, § 683. Citizens of, who are, § 51. Claims against by counties, act authorizing settlement of, p. 1110. Claims against under act relating to drainage, p. 1111, Stats. Claims against: See Board of Examiners. Conveyances to, secretary of state to keep register of, § 408. Counties, division of state into, § 3902. Ceasing to be inhabitant, of vacates office, § 996, Divided into counties, § 75. Escheat: See Escheat. Gift, bequest or devise, may take by for university, § 1415. Includes what, § 17. Persons in not citizens, of whom composed, § 57. Power of officers to absent themselves from, § 853. Preference given to goods of local manufacture, § 3247. Property, original and ultimate title to, is in, § 40. Rights of over persons enumerated, § 37. Seat of government is at Sacramento, § 145. Sovereignty resides in people, § 80. Taxation, may acquire property by, § 43. STATE ANALYST, appointment, powers and duties of, p. 1111, Stats. STATE BOARD OF AGRICULTURE: See Agriculture. STATE BOARD OF EDUCATION: See Schools. STATE BOARD OF EQUALIZATION: See Taxation, VI, 1. STATE BOARD OF EXAMINERS: See Board of Exam- iners. 1338 STATE BOARD OF HEALTH— STATE LIBRARY. STATE BOARD OF HEALTH: See Health. STATE BURYING GROUNDS: See Burying Grounds. Governor appoints directors of, § 368. Title to is in people of state, § 3596. Trustees of, duties of, where prescribed, § 714. Trustees of, powers of, § 3597. Trustees of, term of office, § 369. Who may be interred in, § 3596. STATE CAPITOL: See Capitol. STATE CONTROLLER: See Controller. STATE DEBT: See Public Debt, STATE GEOLOGIST: See Geologist. STATE HOSPITALS: See Insane Asylums, STATE LANDS: See Public Lands. STATE LIBRARY books, duty of controller and librarian when books not returned, § 2298. Books, injuries to or failure to return, liability, § 2299. Books, legislators and state officers may take, § 2296. Books taken by legislators, when to be returned, § 2297. Books taken by legislators, withholding salary until return of, § 2297. Fees collected by secretary of state constitute fund, § 416. .Fuel, lights and stationery, secretary of state to fur- nish for, § 413. Fund, fees for filing trade marks to be paid to, § 3198. Fund, of what consists, § 2300. Librarian and deputies, code provisions governing ap- pointment, § 356. Librarian, appointment of, § 2294. Librarian, bond of, § 2304. Librarian, deputy, salary of, § 2303. Librarian, duties of, § 2295. Librarian, powers and duties, where prescribed, § 710. Librarian, salary of, § 2302. Librarian, term of office, § 2294. Time to be kept open, § 2301. Trustees, appointment and term of office, § 2292. Trustees, appointment of, code provisions governing, § 356. Trustees, number of, § 2292. • Trustees, powers and duties of, § 2293, STATE LIBRARY— STATE PRINTER. 1339 Trustees, powers and duties, where prescribed, § 710. Trustees, report of, § 2293. Trustees, under control of board of, § 2292. Trustees, vacancies, appointments to fill, term of, § 2292. STATE PRINTER. Account of moneys expended out of continsrent fund, § 536. All reports, etc., by officers to be printed, § 540. All state printing to be done by, §§ 538, 540. Appropriation for contingent expenses, .§ 536. Appropriation for repairing and purchasing machinery, § 535. Binding, folding and printing to be done in Sacramento, § 533. Binding, folding and stitching, advertising bids and contracts for, § 533. Binding, ruling, folding and stitching to be under su- perintendence of, § 533. Binding, ruling, etc., price of, to fix. § 540. Binding and printing for state, duty as to, § 1877. Bond of, § 530. Charts, maps, diagrams, etc., § 538. Compensation of employees, § 531. Deputy, may appoint, § 534. Deputy, salary of. § 534. Election, place and manner of, § 530. Election, time of, §§ 349, 530. Engraving and lithographing, § 538. Engross bills, state printer to, § 539. Enroll bills, to, § 539. Fund, all expenses to be paid from, § 540. Fund, state printing, of what consists, § 540. Funds, unexpended, how appropriated, § 537. General duties of, enumeration of, § 526. General powers, duties and liabilities, § 531. Journals and appendixes, indexing and binding of, § 528. Journals and appendixes, printing of, § 528. Laws, indexing and binding of, § 528. Laws, printing and distribution of, § 528. Manner of printing laws, journals, messages, etc., § 529. Notice that law signed sent to, § 528. Numljer of documents printed, § 527. Paper, bids and contracts for, § 532. 1340 STATE PRINTER— STATUTES. Paper, how supplied, § 532. Price of printing, to determine, § 540. Printing expert to examine into accounts, etc., of, § 679. Qualifications of, § 530. Report of, § 531. Reports, governor to deliver, § 380. Reports of officers to be printed at expense of appro- priation, § 540. Reports of officers, to render bill for printing, binding, etc., § 540. Reports of supreme court opinions, when to print and bind, § 782. Reports, when to print, § 334. Sacramento, to reside and keep offices at, § 852. Salaries, how paid, § 534. Salary of, § 534. School printing and binding, § 1877. Secretary of state, to deliver to, index of laws, resolu- tions, journals, etc., § 408. State school books, to have supervision of mechanical work connected with, § 1874. Statutes, number of to be printed, § 528. Term of office, §§ 349, 530. Text-books, duty in regard to, § 1877. Wages and salaries, how paid where general fund ex- hausted, § 537. STATE PRISON: See Prisons. Board of directors of, of whom consists, § 367. Branch, acts relating to continued in force, § 19. Directors of, powers and duties, where prescribed, § 711. Governor to keep record of inmates, § 382. Law governing control and management, § 2328. Lieutenant-governor is warden of, § 367. STATE SEALER OF WEIGHTS AND MEASURES: See Sealer of Weights and Measures. STATE SUPERINTENDENT OF PUBLIC INSTRUCTION: See Schools, L STATE TREASURER: See Treasurer of State. STATE UNIVERSITY: See University of California. STATUTES: See Legislature. Amendment, effect of, § 325. • Amendment of section of act repealed void, § 330. STATUTES— STREAMS. 1341 Code does not affect private, § 18. Code, effect of on statutes, §§5, 18. See Codes; Taxa- tion, II. Construction of, rules governing, § 326. Continued in force, act authorizing cities to execute certain trusts, § 4442. Continued in force, act autliorizing county judges to execute certain trusts, § 4442. Continued in force, enumeration of, § 19. Enactment, appropriation bill, approval and rejection in part, § .310. Enactment, appropriation bill, proceedings where re- jected in part, § 310. Enactment, approval of bill, proceedings on, § 310. Enactment, bill received by governor to be indorsed by private secretary, § 309. Enactment, proceedings where bill remains with gov- ernor more than ten days, § 313. Enactment, proceedings where disapproved bill passed over veto, § 311. EInactment, return of bill without approval when houses not in session, § 312. English, to be printed in, § 528. Fees, acts relating to continued in force, § 4331. Number of to be printed, § 528. Printed copies, distribution and sale of by secretary of state, § 528. Printed copies of laws to be deposited with secretary of state, § 528. Publication and distribution of statutes, provisions for, § 318. Repeal of, §§ 327-329. Repeal, amendment of section of repealed act void, § 330. Repeal by code does not revive former law, § 18. Repeal of law creating criminal offense, effect of, § 329. Repeal of repealing act does not revive statute, § 328. Repeal of, right of. § 327. Repeal of, rights of persons acting under, § 327. Salaries, acts relating to continued in force, § 4331. Taxation, statute relating to: See Taxation, II. Time of taking effect, § 323. STOCK. Act to protect stockraisers in certain counties continued in force, § 19. STREAMS: See Waters. 1342 STREET RAILWAYS— SUPERINTENDENT. STREET RAILWAYS, hours of labor on. §§ 3246, 3250. STREETS are highways, § 2618. Assessments for improving, jurisdiction of police court over action, § 4427. Authority to lay gas and water mains, granting, §§ 4410, 4411. 4413. Carcasses, refuse or waste matter, depositing, a mis- demeanor, § 2737. Condemning private property for streets or alleys, § 4372. Extension of along water front in San Francisco, § 2525. Extending along water front of San Diego, § 2580. Gas pipes laid in, §§ 4410, 4411. Improvements, making of, § 4409. Maps of changes in streets on water front of San Francisco, § 2538. Not permitted through grounds of state hospitals, § 2146. STUDIES: See Schools, XXIII. SUBPOENAS, assessor may issue, § 3632. County boards of equalization, § 3676. Issued by courts-martial, how served, § 2084. Issued by insurance commissioner, § 599. Issued by justices '■•f the peace, when, § 277. Issued by what officer of the legislature, § 300. Legislature: See Legislature. Person served must obey, § 3697. Refusing to obey, §§ 302, 303. Requirements, § 300. Service, § 301. State board of equalization, § 3692. Supervisors may issue, § 4067. SUBSCRIPTION includes marks, § 17. SUISUN BAY, toll bridge not permitted over, § 2872. v SUMMONS, foreign insurance company, name of agent upon whom may he served, § 633. Service in action on reclamation assessments, § 3466. Stipulation for service ou insurance commissioner where foreign insurance company without agent, § 633. SUNDAYS, holidays falling on, §§ 10, 11. Holidays, are, § 10. SUPERINTENDENT, city: See Schools, IH. SUPERINTENDENT— SUPERVISORS. 1343 County: See Schools, II. Insane asylums: See Insane Asylums, VII, VIII. State superintendent of public instruction: See Schools, I. SUPERIOR JUDGES, bonds of county and township offi- cers, to approve, § 950. Chambers to be at county seat, § 4116. Duties of, generally, § 4134. Oath, copy of to be filed with secretary of state, § 909. Rules and hours for official business, § 4116. Salaries of, §§ 737, 738. Salaries of judges not enumerated, § 738. Salaries, proportions paid by state and county, §§ 737, 738. SUPERVISORS. Bridges: See Bridges. City, supervisors of: See Common Council. Code provisions do not apply to San Francisco, § 4087. Common council: See Common Council. District attorney is legal adviser of, § 4257. Health regulations: See Health. Highways: See Highways. Soliciting candidate, punishment of, p. 1102, Stats. Nature and term of office; number of; bonds and quali- fications; vacancy in board. Bonds of, § 4122. County officers, are, § 4103. Increase or decrease of, redistricting and elections, § 4025. Number of, § 4022. Qualifications of, § 4023. Term of office, how computed, § 4109. Vacancies, how filled, § 4026. Officers and clerks of; books and records. Books, records and accounts open to inspection, § 4035. Books, records and accounts to be kept at office, § 403;"). Books to be kept by, § 4031. Chairman, permanent and temporary, § 4028. Clerk of, clerk of county is ex-officio, § 4029. Clerk of, compensation of, § 4029. Clerk of, duties of enumerated, § 4030. Military roll, clerk to deliver certified copy to briga- dier-general, § 1900. Records, by whom to be signed, § 4029. U SUPERVISORS. Meetings. Additional regular meetings. § 4033. Additional regular meetings, only business specified to be transacted, § 4033. Fixed time of holding, § 4032. Other than fixed meetings, § 4032. Special, § 4034. Special, only business specified to be transacted, § 4034. To be open, § 4035. Indebtedness; bonds; taxes; licenses. Bonds to refund county indebtedness, redemption of, § 4051. Bonds to refund indebtedness, custody, disposal and account of, § 4049. Bonds to refund indebtedness, tax levy to meet, § 4050. Bonds to refund indebtedness to be delivered to treas- urer, § 4049. Debt, refunding of county and issuing bonds, § 4048. Debt, limitation on power to contract, § 4070. Licenses: See Licenses. Licenses, power to impose, § 4045. Tax for school bonds, failure to levy, procedings on, § 1888. Taxes illegally collected, refunding, § 3804. Tax to pay bonds, proceedings on failure to levy § 4052. Contracts. How entered into and to whom let, § 4047. Not to be interested in what, § 4077. Of supervisors of city: See Common Council. What supplies to be provided by, § 4047. Claims against; payment; warrants. Accounts for county charges to be presented to, § 4343. Claim, action on, § 4075. Claim, how presented, § 4072. Claim must be presented one day prior to session, § 4073. Claim of supervisors, how presented, § 4082. Claim, partial allowance, § 4074. Claim, rejected when, § 4074. Claim, time to present, § 4072. SUPERVISORS. 13« District attorney to attend and oppose unjust claims, § 4257. District attorney to recover or enjoin illegal payments by, „ 4002. Warrants, may order payment of moneys on hand, § 4152. Warrants, order of payment and registration, § 4076. Warrants, what to specify, § 4076. Powers, duties, and liabilities. Acts empowering supervisors to aid railroads con- tinued in force, § 19. Application for franchise, transfer of where supervisors interested, § 4078. Assessor, requiring to make report to surveyor-gen- eral, § 4081. Auctions, may designate places of holding, § 3304. Cemeteries, may exercise jurisdiction and control over, § 3110. City, supervisors of: See Common Council. Compensation of as road commissioner, § 2641. Donations or grants of land, receiving and using, § 4084. Donations or grants to, sale of and application of pro- ceeds, § 4084. Election, certificate of, duty to issue, § 4065. Elections, to provide appliances for holding and al- low expenses, § 4064. Fire department, act authorizing council to increase efficiency of, p. 1087, Stats. Funds, supervisors authorized to transfer certain, p. 1113, Stats. Highways, powers and duties in relation to: See Highways, IV. Neglect, misconduct or wrong of, punishment of, § 4086. Notices, public, of proceedings, posting of, § 4079. Oaths, members may administer, §§ 4028, 4118. Officers, what may consolidate, § 4106. Planting and cultivation of shade trees, § 4080. Power, general permanent powers enumerated, § 4046. Power to direct sheriff to attend meetings, serve no- tices, etc., § 4047. Power to punish for contempt and preserve order, § 4047. Pol. Code — 85 1346 SUPERVISORS— SUPREME COURT LIBRARY. Recorder, to provide additional clerical force, when, § 3678. Streams not navigable, power to improve and regulate, § 4085. Surety, cannot act as, § 955. Taxation, powers and duties in relation to: See Taxa- tion, X, 6. To encourage planting of shade and ornamental trees, § 4080. Transfer of application where supervisors interested, § 4078. Treasurer, may suspend, § 4162. Vacancies, appointments to be made on petition of electors, § 4066. Vacancies in office, what to fill, § 4115. Witnesses and subpoenas. Duty to attend before, § 4068. No fees paid for service of subpoena or attendance, § 4069. Punishment for disobedience, § 4068. Subpoenas, power to issue, § 4067. SUPREME COURT bailiff, appointment, powers and duties, where prescribed, § 828. Bailiffs' salaries, § 739. Clerk of: See Clerk of Supreme Court. Decisions of: See Reporter of Supreme Court. Fuel, lights and stationery, secretary of state to fur- nish for, § 413. Librarian, salary of, § 739. Phonographic reporters, duties of, § 770. Phonographic reporters hold during pleasure, § 769. Phonographic reporters, salaries of, § 739. Phonographic reporters, two, may appoint, § 769. Reporter of decisions, salary of, § 739. Reports of decisions: See Reporter of Supreme Court. Reports of decisions, bound volumes, how distributed, § 410. Secretary, appointment, powers and duties, where pre- scribed, § 828. Secretaries, salaries of, § 739. SUPREME COURT LIBRARY, fuel, lights and stationery, secretary of state to furnish for, § 413. Fund, how drawn on, § 2316. Fund, what constitutes, §§ 753, 2316. SUPREME COURT LIBRARY— SURETYSHIP. 1347 Is for use of judges and attorneys of supreme court, § 2313. Librarian, code provisions governing appointment, § 356. Librarian, duties of, § 2314. Librarian, powers and duties, where prescribed, § 710. Librarian, salary of, §§ 739, 2314. Librarian, who to appoint, § 2314. Who may take boolts from, § 2315. Who may use, § 2313. SUPREME JUDGES, Sacramento, to reside and keep officers at. § 852. Salaries of, § 736. SURETYSHIP actions, judgment no bar to subsequent suits, § 962. Actions lie against any or all sureties, § 956. Actions lie both on original and additional bonds, § 967. Actions, separate judgments, but one satisfaction, § 968. Actions, separate judgments, separate executions may issue, § 968. Actions, successive, may be brought, § 962. Actions, who may sue on bond, § 961. Additional security where sureties insufficient, § 964. Breaches of bond, for what liable, §§ 959, 960. Contribution between sureties, § 956. Contribution between sureties on original and addi- tional bonds, § 969. Corporation may act as surety, solely or with others, , § 956. Corporation, what may act as, § 955. Defects in form, approval, filing, etc., effect on sure- ties, § 963. Discharge of sureties, how accomplished, § 970. Insufficiency of surety, supplemental bond, §§ 976, 978. Joint and several liability, § 956. Judgment may be entered against sureties, jointly or severally, § 956. Judgment not to be for greater amount than surety bound for, § 956. Justification of sureties, § 955. Liability of sureties, §§ 959, 960. Liability of sureties on additional bonds, §§ 965, 967. Liability of sureties on new bonds, § 970. 1348 SURETYSHIP— SURVEYOR, COUNTY. Liability of sureties on old bond where new bond given, § 970. Obligations of sureties as to duties required by new statutes, § 960. Officers, what cannot act as sureties, § 955. Parties, who may sue on bond, § 961. Qualifications of sureties, § 955. Released, surety not to be, from what damages, lia- bilities, etc., § 980. Release, how effected, §§ 970, 972-975. Release, supplemental bond, §§ 976, 978. Release, withdrawal or discharge, effect on other sureties, § 977. Release, withdrawal or discharge, surety liable until supplemental bond given, § 979. Release, withdrawal or discharge, publication of, § 979. Release, withdrawal or discharge, supplemental bond, when not required, § 979. Several liability, § 956. Signing for less than penal sum, § 956. To whom liable, § 961. Who may sue on bond, § 961. Withdrawal of surety, supplemental bonds, §§ 976, 978. SURGEONS of National Guard: See National Guard, XXIV. SURVEY: See County; Public Lands, II; Surveyor, Coun- ty; Surveyor-General. Assessor may require certain, § 3634. County boundaries, to settle disputed, §§ 3969-3972. County boundaries, heretofore made valid, § 3973. County boundary, cost of making, § 3974. Geological: See Geologist. Road, for change of, § 2684. Road, fees for survey for change of, § 2687. Surveyor: See Surveyor, County. Swamp and overflowed lands, survey of to conform to United States surveys, § 3445. SURVEYOR, COUNTY. Application for survey of land in two counties, § 4269. Assessor may require, to make certain survey, § 3634. Bonds, § 4122. County boundaries, duty where supervisors fail to ap- prove report, § 3970. County boundaries, what to survey, § 3969. County officer, is, § 4103. SURVEYOR, COUNTY— SURVETOR-GENERAIi. 1349 Court, surveyor appointed by, powers and duties of, § 4275. Court to appoint another surveyor when county sur- veyor interested, § 4275. Duties of, generally, § 4268. Duty of in relation to highways, § 2643. May employ assistance and collect therefor, § 4272. May employ chainmen and markers, when, § 4272. Oaths, may administer, § 4118. Order for survey where title to lands in two counties disputed, § 4270. Surveyor-general, survey, plat and field notes to be transmitted to, § 4273. Surveyor-general, to communicate necessary informa- tion to, § 4274. Surveyor-general, to assist in making surveys in county, § 4274. Surveyor-general, to transmit field notes, etc., to, § 4273. Surveys by true meridian, § 4271. Surveys, courses, how to be run In, § 4271. Surveys, how made, § 4271. Surveys, how made, where interested, § 4275. Surveys of lands in two counties, § 4269. To make surveys on application, § 4268. To survey swamp lands, § 3445. SURVEYOR-GENERAL: See Public Lands, II. Application for purchase of school lands, duty on, § 3406. Application to purchase school lands, copy of United States registers approval, § 3407. Assessor, to give list of land sold to, § 3659. Assistant surveyor-general, may appoint, § 485. Assistant surveyor-general is a civil executive officer, § 485. Assistant surveyor-general is ex-officio assistant regis- ter of state land office, § 485. Attorney-general, expenses of, 3413. Attorney-general, may require attendance of on taking testimony, § 3413. Attorney-general to give opinion in writing to, § 470. Authorized to furnish office and vault, p. 1113, Stats. Bond of, § 487. Clerks, salary of, § 486. Clerk, may appoint, § 485. 1350 SURVEYOR-GENERAL— SWAMP LANDS. Clerk is a civil executive officer, § 485. Contest of application: See Public Lands, VII. County boundaries, unsettled, to establish. § 3971. Deputy surveyor-general, may appoint, § 485. Deputy, ex-officio deputy register of land office, §§ 350, 485. Deputy is civil executive officer, § 485. Deputy is ex-officio deputy register of land office, §§ 485, 497. Deputy, salary of, § 485. Bx-officio register of land office, § 350. Fees of, § 3574. Fees, report of and payment into treasury, § 3574. General duties of, § 483. Instructions, to issue, § 3429. Lists, to record, § 3405. Mode of election of, prescribed by constitution, § 348. Patents, to record, § 3405. Place of taking testimony in proceedings to quiet land title, how fixed, § 3412. Printed blanks and forms, to issue, § 3429. Records to be kept by, § 3405. Registers and receivers of United States, duty as re- gards compensation, § 3410. Register of land office, ex-officio, § 497. Report of, § 483. Rules governing sale of school lands, to make, § 3495. Rules governing sale of timber lands, to make, § 3500. Sacramento, to reside and keep offices at, § 852. Salaries of assistant and deputies, how paid, § 485. Salary of, § 484. State locating agent of school lands, § 3398. To obtain statement from U. S. land office of conditions of sections, § 3409. To represent state in contests relating to land, § 3411. Transcribing records and plat books, appropriation for, p. 1113, Stats. Vacancy in, how filled and duration of term, § 1001. SUTTER COUNTY, boundaries and county seat, § 3926. Legal distance from county seat of to Sacramento, § 200. Salary of county judge, § 4329. Salary of district attorney, § 4330. SWAMP AND OVERFLOWED LANDS: See Public Lands, XI. TARGET PRACTICE— TAXATION, I. 13J1 TARGET PRACTICE: See National Guard, XXXIII. TAXATION. I. General principles and definitions. II. Statutes relating to; effect of code. III. Assessment; exemptions. IV. Levy of tax and rate. V. Double taxation. Vi. Equalization. 1. State board. 2. County board. VII. Lien and effect of tax. VIII. Tax on incumbered property, rights and liabilities. IX. Collection, 1. When due and notice of. 2. Irregiilarlties, effect of. 3. Of taxes on unsecured personalty and claims to land. 4. Local taxes; on removal from county. 5. Payment: protest; refunding; action for. 6. Delinquent taxes. 7. Actions for collection of taxes. 8. Sales. 9. Deed; sale of land sold to state. 10. Redemption. 11. Settlements. X. Particular officers, powers and duties of. 1. Assessor. 2. Tax collector. 3. Auditor. 4. Controller. 5. Treasurer. 6. Supervisors, clerk and marshal- 7. District attorney. XI. Division of county, rights on; apportionment of railway taxes. XII. Violation of revenue laws, proceedings on. XIII. Road and highway taxes. XIV. School and hospital taxes. XV. Poll taxes. I. General principles and definitions. Basis of taxation, § 3671. 13S2 TAXATION, I-III. Credits, definition, § 3617. Debts, definition of, § 3617. Full cash value, definition of, § 3617. "Improvements," includes what, § 3617. "Personal property" includes what, § 3617. "Property" includes what, § 3617. "Real property" includes what, § 3617. State may acquire property by taxation, § 43. Values, definition of, § 3617. II. Statutes relating to; effect of code. Act relating to taxation for local purposes continued in force, § 19. Code, when takes effect with respect to acts passed at same session, § 3891. Collection, manner of collecting taxes assessed before code takes effect, § 3892. III. Assessment; exemptions. Abbreviations, figures and initials, use of in, § 3884. Absent owner's property, how assessed, §§ 3635, 3636. Agent, trustee, bailee, guardian, personal representa- tive, etc., to, § 3639. Arbitrary, on neglect to make statement, § 3633. Arbitrary, supervision of supervisors, § 3633. Assessment book, abbreviations in, § 3884. Assessment book, assessor to make affidavit, § 3652. Assessment book, assessor to note refusal to make statement, § 3633. Assessment book, auditor to note payment of poll tax on, §§ 3827, 3828. Assessment book, assessor to prepare, § 3650. Assessment book, basis of taxation, § 3671. Assessment book, clerical errors, omissions or defects in, correction of, §§ 3881, 3882. Assessment book, fact that property sold for taxes to be entered upon, § 3680. Assessment book, form of, § 3650. - Assessment book, furnishing copies to cities and towns, § 3653. Assessment book, index to, § 3651. Assessment book, lands need not be described twice on, § 3657. Assessment book, map books and military roll open to inspection, § 3654. TAXATION, HI. 1353 Assessment book, map books, statements, etc., delivery to supervisors, § 3654. Assessment book, map books, statements, etc., return of after equalization, § 3654. Assessment book prima facie evidence of what, § 3789. Assessment boolc, property how listed in, § 3650. Assessment book, time for completion, § 3652. Assessment book, time, penalty for failure to complete on, § 3656. " Boats and small craft, where assessed, § 3646. City, maps of additions or subdivisions for assessment purposes, § 3658a. Concealed, misrepresented or transferred property, as- sessment of, § 3648. Consigned property, § 3638. Corporations, all property of assessable, § 3608. Corporations, property of, where assessed, § 3641. County board of equalization, by: See County Board of Equalization, post, VI, 2. Credits, § 3617. Credits solvent, deducting debts, § 3628. Custodia legis, assessment of property in, § 3647. ' Debts, § 3617. Description of tract of land, how obtained by assessor, § 3633. Double, duty of tax collector, § 3806. Double, proceedings where property sold under, § 3805. Erroneous assessment on mortgage or deed of trust that has been paid, § 3678. Errors, omissions or defects, clerical, in, correction of, §§ 3881, 3882, 3883. Estate of decedent, undistributed or unpartitioned, where assessed, § 3642. Exem.ption, church property, of, from taxation, § 3611. Exemption, church property, claim of, how made, § 3611. Exempt from, what property is, § 3607. Ferries between counties, and franchises and property of, where assessed, § 3643. Firm, property of, where assessed, § 3641. Foreign insurance companies other than life, tax im- posed on, § 622a. Franchise derived from United States not assessed, § 3665. Franchises granted by city or county, where assessed, § 3628. TAXATION, III. Franchise of ferry between counties, where assessed, § 3643. Franchises, etc., of railroads in more than one county, § 3692. Franchise, how assessed, § 3650. Franchise to be listed separately, § 3650. Franchises, where assessed, § 3628. Illegal, not for informalities or failure to complete in time, § 3885. Improvements on lands exempt from taxation, assess- ment of, § 3650. Incumbered property, § 3627. Irregular assessment of land, proceedings in case of, § 3806. Land and improvements, separately, § 3627. Land, cultivated and uncultivated, § 3627. 'Land in parcels not more than 640 acres, § 3628. Land in tracts more than 640 acres, § 3628. Lands sold by state for which no patent issued, § 3628. Maps of additions to or subdivisions of cities for as- sessment purposes, § 3658a. Mistake in name does not invalidate, § 3628. Mistakes, what do not affect proceedings, § 3807. Mortgages and deeds of trust, § 3627. Mortgage covering several subdivisions, apportion- ment in case of, § 3678. Mortgage, deductions where part payments not re- leased of record, § 3819. Mortgage, etc., on property in several counties, § 3692. Mortgage on which partial payments made, § 3678. National bank, realty of is assessable, § 3609. National bank, shares in, assessable, §§ 3608, 3609. National bank, shares, bank when liable, § 3610. National bank, shares in, how valued and deductions, § 3609. National bank, shares in, when liable to, § 3610. National bank, shares in, where taxed, § 3609. National bank, shares of, notice of assessment, § 3610. National Guard, exemption of members of from road or head tax, § 2098. Personalty, furnishing description of to cities and towns, § 3653. Person claiming ownership of property, right to be assessed, § 3657. Property escaping taxation the previous year, assess- ment of, § 3649. TAXATION, III. 1355 Property sold to state to be subsequently assessed, § 3813. Property subject to, § 3607. Property subject to mortgage, deed of trust or other obligation, how assessed, § 3650. Public lands, cancellation of assessment on, § 3805a. Public lands, on sale of: See Public Lands, VIII. Property, where assessable, § 3628. Railroads: See State Board of Equalization, post, VI, 1. Shares in national banks, how valued and deductions, § 3609. Shares of national bank, bank when liable for, § 3610. Shares of national bank stock, notice of, § 3610. Shares of stock in national bank, assessable, §§ 3608, 3609. Shares of stock in national bank, where taxed, § 3609. Shares of stock not subject of, § 3608. Solvent credits subject to deduction, how assessed, § 3650. State board of equalization, by: See State Board of Equalization, post, VI, 1. Statement, arbitrary on neglect or refusal to make, § 3633. Statements, affidavit to, form of, § 3630. Statement, failure to make, penalty, § 3632. Statement, filling out of, § 3631. Statement, neglect or refusal to make, proceedings on, § 3633. Statement of taxable property in another county, duty of assessor, § 3687. Statement, open to inspection, § 3654. Statements, supervisors to furnish blanks, § 3630. Statement, to be in writing and under oath, § 3629. Statement, what to contain, § 3629. Surveyor-general and tide land commissioners to fur- nish lists of lands sold, § 3659. Telegraph and telephone lines, § 3663. Time for completion of, § 3652. Time of making, § 3628. Time of ownership as determining, § 3628. Unassessed property: See post. Assessor. Unknown owners, property, how assessed, §§ 3635, 3636. Value, property assessment at full cash, § 3627. Vessels, where assessed, §§ 3644, 3645. ;56 TAXATION, IIl-Vl. *Wagon and turnpike toll roads, § 3663. Water ditches, § 3663. IV. Levy of tax and rate. Bonds, levy of tax for, § 4050. Bonds, to refund proceeds on failure to levy, § 4052. Bonds, refunding tax levy: See Public Debt. Levy, clerk of supervisors to notify controller of rate, § 3667. Levy, county rate, limit on, § 3714. Levy, county tax, supervisors when to levy, § 3714. Levy of: See Supervisors. Levy, state rate, limit on, § 3714. Levy, state tax, action of state board valid if super- visors neglect, § 3715. Levy, state tax rate, §§ 3696. 3713. Levy, state tax, supervisors when to levy, § 3714. Levy, tax has effect of judgment against person, § 3716. Limit on city rate, § 4371. Limit on county rate, § 3714. Limit on state rate, § 3714. V. Double taxation. Double assessment, duty of tax collector, § 3805. Double assessment, proceedings where property sold under, § 3805. Not permitted, § 3607. Taxation of shares of stock is, § 3608. VI. Equalization. 1. State board. Action in fixing state levy binding if supervisors neglect, § 3715. Assessments equalized, how, § 3693. Assessor, books, blanks, maps, and plat books for, to furnish, forms of. § 3658. Assessor, index book of, to prepare form of, § 3651. Assessor, penalty for failure to transmit statement to, § 3656. Assessor, statement by, to, when made and what to show, § 3655. Assessor to trant?mit information concerning property in more than one county, § 3678. Auditor failing to forward statement to, penalty, § 3694. Auditor to disregard actions of, when, § 3730. Auditor to enter changes in assessment, § 3730. Auditor to transmit statements to, § 3729. TAXATION, VI. m57 Chairman, election and term of office, § 352. Clerk of, salary of, §§ 3700, 3701. Clerk, to give entire time to state, § 3700, Clerk to transmit statement of changes to county auditors, § 3695. Controller a member of, § 433. Controller to publish notice of receipt of assessments by, § 3668. Expenses of and allowances to, § 3702. Extensions of time by, § 3705. Franchises from United States not assessed, § 3665. Increasing and lowering roll, §§ 3692, 3693. Levy of rate for certain fiscal years, § 3713. Meetings of, § 3692. Meetings, time and place of, § 3665. Members to give entire time to office, § 3700. Military roll, failure of clerk to deliver to brigadier- general, forfeiture, § 1898. Military roll, to correct, § 1899. Mortgages, etc., on land in several counties, equalizing assessments, § 3692. Notifying district attorney to prosecute assessor fraudulently assessing, § 3698. Oaths, clerk or any member of board may administer. § 3699. Offices, § 3702. Powers and duties of, enumerated, § 3692. Powers and duties, where prescribed, § 706. Railroads, assessment of, how made, § 3665. Railroads in more than one county, to assess, § 3628. Railroads in several counties, assessment of franchises, property, etc., of, § 3692. Railroads,, record of apportionment of railway assess- ments, § 3666. Railroads, record of assessment of railways, § 3666. Railroad, statement by, when filed and what to contain, § 3664. Railroad, statement by, who to make, § 3664. Raising and lowering valuations, § 3693. Rules and regulations, penalty for refusing to obey, § 3697. Salaries of members, § 3700. School tax, duty to levy, § 3719. Sessions of, § 3692. Sessions of, duration of, § 3665. State tax rate, fixing, § 3696. TAXATION, VI. State tax rate, notifying supervisors and auditors of, § 3696. Stationery, fuel, printing, etc., § 3702. Subpoena, failure to obey, penalty, § 3697. Subpoenas, penalty for refusing, to obey, § 3697. Term of office, § 352. Time, power of to extend, § 3705. Valuations, changing, § 3693. Valuations, equalizing, § 3692. Who compose, § 352. 2. County board. Abstracts and records, may use, § 3679. Adding to amount of property when incomplete list § 3681. Assessor and deputy may make statements and ex amine witnesses, § 3677. Assessor and deputy to attend upon session, § 3677. Assessment by, force and effect of, § 3679. Assessment, changes in, notice, § 3681. Assessment, new, when made, § 3681. Assessment of property escaping assessment, directing § 3681. Books, statements, etc., return after equalization § 3654. Clerk, oath of, § 3682. Clerk to deliver corrected assessment to countj auditor, § 3682. Clerk to record proceedings, alterations, etc., § 3682. County recorder to furnish certain abstracts to as- sessor, § 3678. Examination of person assessed, § 3675. May require assessor to enter property not entered § 3679. Meeting, time of, § 3672. Notice of time board will meet, § 3654. Power to increase or lower entire roll or individual assessment, § 3673. Reduction, examination of applicant or agent before making, § 3675. Reduction not made unless on application of person assessed, § 3674. Sessions, duration of, § 3672. Subpoenas may be issued and witnesses examined § 3676. Time for performance of acts, extension of, § 3705. TAXATION, VI-IX. 1359 To correct assessor's list of persons subject to militia duty, § 1899. Valuation of final. § 3G78. Witnesses and evidence, § 3676. VII. Lien and effect of tax. Lien of tax and effect of, § 3716. Lien, tax on improvements is on land and improve- ments, § 3718. Lien upon property and security, tax is, § 3627. Lien upon realty, tax is, § 3718. Lien upon realty, tax on personalty is, § 3717. Lien, when attaches, § 3718. Of poll tax, § 3860. Tax has effect of judgment against person, § 3716. VIII. Tax on incumbered property, rights and liabilities. Mortgage, deed of trust or lien, contract by debtor to pay tax on void, § 3627. Payment of incumbrance after assessment and befort levy, rights on, § 3627. Payment of tax on incumbered property, rights on, § 3627. IX. Collection. 1. When 'due and notice of. Notice of, publication and posting of, §§ 3746, 3749. Notice of, what to specify, §§ 3746, 3748. Taxes on unsecured personalty, when due, § 3756. 2. Irregularities, effect of. Illegal, acts are not for informality or failure to com- plete in time, § 3885. Irregular assessment of land, proceedings in case of, § 3806. Omissions, errors or defects in form in assessment ■ book, effect of, § 3881. 3. Of taxes on unsecured personalty and claims to land. Personalty unsecured, amount of tax, how determined, § 3823. Personalty unsecured, assessor, action against for un- collected taxes, § 3831. Personalty unsecured, assessor, compensation for col- lecting, § 3829. Personalty unsecured, assessor to collect taxes on. § 3820. TAXATION, IX. Personalty unsecured, assessor to make monthly pay- ments and settlements, § 3826. Personalty unsecured, assessor, when may seize and sell, §§ 3821, 3822. Personalty unsecured, auditor to ascertain amount of deliquencies, § 3831. Personalty, unsecured, auditor to demand delinquent taxes from assessor, § 3831. Personalty unsecured, deficiency, how collected, § 3825. Personalty unsecured, deficiency, notice of, § 3825. Personalty unsecured, excesses or deficiencies, auditor to note, § 3828. Personalty unsecured, excess of rate to be returned, § 3824. Personalty unsecured, when due, § 3756. Possession of or claim to land, taxes when due and how collected, § 3820. Seizing and selling personalty, duty of tax collector, § 3790. Seizing and selling personalty, fees and mileage of assessor, § 3793. Taxes on unsecured personalty, when due, § 3756. 4. Local taxes on removal from county. Action for taxes against person removed, §§ 3808, 3809. Local taxes collected same as county taxes, § 3671. Removal of owner, power and liability of assessor, § 3808. 5. Payment; protest, refunding; action for. Action against state treasurer for taxes, answer or de- murrer, § 3669. Action against state treasurer for taxes, attorney-gen- eral to defend, § 36G9. Action against state treasurer for taxes, complaint, § 3669. Action against state treasurer for taxes, judgment and costs, how paid, § 3669. Action against state treasurer for taxes, place of trial, § 3669. Action against state Ireasurer for taxes, procedure governing, § 3669. Action against state treasurer for taxes, service of complaint and summons, § 3669. Action against state treasurer for taxes, time to bring, § 3669. TAXATION, IX. 13«1 Action against state treasurer for taxes, waiver by failure to bring, § 3669. Action lies against state treasurer refusing to refund taxes, § 3669. Auditor to note payments in assessment book, § 3827. Controller to publish notice of time of payment, de- linquency and penalty, § 3668. Date 01 payment, tax collector to note, § 3750. Decedents, taxes of, how paid, § 3752. Entire tax on realty may be paid at first installment, § 3756. Illegally collected taxes, claim to be filed within three years, § 3804. Illegally collected taxes refunding where paid to state treasurer, § 3804. Illegally collected taxes, supervisors may rerund, § 3804. Illegal tax, refunding, although no protest and no no- tice of intent to bring suit, § 3669. Insolvents, taxes of, how paid, § 3752. Payable in what money, § 3888. Payable where, § 3748. Payment entitles person to certificate, § 3776. Payment on particular parcels of land separately, § 3747. Protest, action to recover taxes, limitation of, § 3819. Protest, action to recover taxes, time to bring, § 3819. Protest, judgment for taxes paid under, reimbursement of treasurer where paid into state treasury, § 3819. Protest, payment how made under, § 3819. Protest, taxes may be paid under, § 3819. Receipt for payment of taxes, § 3751. Refunding taxes illegally, erroneously, etc., collected, § 3804. State treasurer, certain taxes to be paid to, § 3669. State treasurer, payment to, notice to county auditor and treasurer, § 3668. State treasurer, proceedings to recover taxes, § 3669. 6. Delinquent taxes. Controller, suit for taxes by state board of equalization, § 3670. Pol. Code— S6 TAXATION, IX. Controller to publish notice of time of delinquency and penalty, § 3668. List, abbreviations, initials and figures, use of, § 3384. List, affidavit that taxes have not been paid, § 3800. List, auditor to foot, credit and settle with tax col- lector, § 3799. List, auditor to swear tax collector as to correctness, § 3798. List, contract for publication, bids and proposals, § 3766. List, filing by tax collector, § 3769. List, filing by tax collector, affidavit to, § 3769. List, matters on assessment book to be set down in numerical or alphabetical order, § 3760. List, notice of sale to be published with, § 3765. List, oath to, § 3798. List, omissions, errors or defects in, correction of, §§ 3882, 3883. List, publication, day and hour of sale to be desig- nated, § 3767. List, publication, how made, § 3766. List, publication of, § 3764. List, tax collector and auditor to compare, § 3797. List to contain notice of sale, §§ 3765, 3767. List, to remain on file in auditor's office, § 3799. List, what to contain, § 3764. List, when must be completed, § 3759. Penalties, § 3756. Penalties and disposition of proceeds, § 3668. Penalty for cost of publication, § 3770. Penalties for delinquencies, entry of, § 3758. Prima facie evidence of what, § 3789. Railroad assessments, § 3668. Tax collector to furnish auditor with list of delin- quents, § 3759. Tax collector chargeable with, § 3762. Taxes, when become, §§ 3668, 3756. 7. Actions for collection of taxes. Controller may direct where tax over three hundred dollars, § 3899. Controller, suit for taxes by state board of equaliza- tion, § 3670. Distribution of proceeds, § 3899. Jurisdiction of. police court of actions for, § 4427. TAXATION, IX. 1363 Tax amounting to three hundred dollars, §§ 3771, 3899. Where person removed from county, §§ 3808, 3809. 8. Sales. Advertisement, abbreviations, figures and initials, § 3884. After sale to state no sale for later assessments, § 3814. Amount of property to be sold, § 3791. Assessor to enter fact of on assessment book, § 3680. Auditors to enter on assessment book, § 3801. Certificate, amended, § 3805b. Certificate, contents of and form of, §§ 3776, 3777. Certificate, errors in, correction of, § 3805b. Certificates, indexing and index book, § 3777. Certificate of sale of public lands, cancellation of, § 3805a. Certificate, redemption of subsequent sale, entry of, § 3777. Certificates, signing, numbering and filing of, § 3777. Certificates, tax collector to make out, § 3776. Controller may direct action instead of, where tax over three hundred dollars, § 3899. Double assessment, proceedings on sold under, § 3805. Excess over taxes and costs returned to owner, § 3795. Fact that property sold to be stamped on bills, § 3680. Incumbered land, notice to mortgagee or trustee be- fore, § 3769a. Irregularly assessed land not to be sold, § 3806. Manner of making, § 3791. Mistakes, what do not affect, § 3807. Notice of posting or publication of, § 3792. Notice of time and place of, § 3792. Payment on day of sale, § 3771. Proceedings on sale for poll tax paid, § 3805. Proceedings where taxes have been paid, § 3805. Property sold to state, § 3771. Property sold to state to be subsequently assessed, § 3813. Public lands, cancellation of certificate and deed in certain cases, § 3805a. Public lands to state, resale in case of, § 3788. Sale and record book, form of, § 3777. Seizure and sale of personalty unsecured, §§ 3790, 3793. TAXATION, EX. Subsequent sale, entry of, § 3777. Tax bills, fact of sale to be stamped on, § 3680. Tax collector to furnish auditor printed list, § 3801. Tax collector to report to controller, § 3772. Title when vests in purchaser, § 3794. Unsold portion may be left at place of sale at risk of owner, § 3796. When and where made, § 3767. 9. Deed; sale of land sold to state. Deed, amended, § 3805b. Deed, by whom and when to be made, § 3785. Deed, cancellation of, notice to controller, § 3805b. Deed, conclusive as to what matters, § 3787. Deed, controller to furnish blank forms, § 3785. Deed, errors in, correction of, § 3805b. Deed, fees, § 3785. Deed for delinquent state lands filed with surveyor- general, § 3785. Deeds for lands sold to state before passage of act, § 3785. Deed, form of and recitals in, § 3785. Deed of public land, cancellation of, §§ 3805a, 3805b. Deed of public lands, resale in case of, § 3788. Deeds, recitals primary evidence of what, § 3786. Deeds, recitals, what to contain, § 3786. Deeds, recording of, § 3785. Deed, title passing by, § 3787. Deed to university of land sold to state on which university has mortgage, § 3898a. Sale of property sold to state, bid, amount of, § 3897. Sale of property sold to state, controller may order, § 3897. Sale of property sold to state, deed, § 3898. Sale of property sold to state, how conducted, § 3897. Sale of property sold to state, notice of, § 3897. Sale of property sold to state, bid, amount of, § 3897. Sale of property to state, distribution of proceeds, § 3898. 10. Redemption. Accounting and settling for by county treasurer, § 3817. Auditor and county treasurer to keep accounts of moneys. § 3816 Auditor to report property redeemed before sale day § 3739. TAXATION, IX, X. 13« Effect of, § 3817. " , Entry of, § 3777. Failure to redeem, deed to state, § 3785. Heirs, executors, etc., right of, § 3817. How effected, §§ 3781. 3817. Moneys, how distributed, §§ 3781, 3788. Moneys received on account of, how distributed, § 3816. Moneys, treasurer to account for, § 3781. Of state public lands sold to state, § 3817. On day of sale, § 3771. Partial, § 3818. Penalties, § 3817. Penalties, computation of, § 3817. Procedure on, § 3817. Subsequent assessments, fees, costs, etc., to be paid, § 3815. Successors in interest, right of, § 3817. Time within which may be made, § 3780. Who may make, § 3780. 11. Settlements. Accounting and settlement by treasurer on redemp- tion, § 3817. Final, credit to tax collector on, § 3799. Final, of tax collector with auditor, § 3799. X. Particular officers; powers and duties of. 1. Assessor. See County Boards of Equalization, ante, VI, § 2. Absent or unknown owner, to estimate property of, § 3635. Absent or unknown owner, how assessed, § 3636. AflBdavit of assessor and deputies to assessment book, § 3652. Annual settlement with auditor, time to make, § 3889. Assessment book, affidavit of assessor and deputies to. § 3652. Assessment book, duty to furnish copies to cities, § 3653. Assessment book, index to, to prepare, § 3651. Assessment book, map books, statements and military roll, delivering to supervisors, § 3654. Assessment book, may correct, § 3881. Assessment book, penalty for failure to complete on time, § 3656. Assessment book, time for completion of, § 3652. 44 TAXATION, X. Assessment book, to prepare, § 3650. Auditor to furnish blank personal property receipts to, § 3738. Blank personal property receipts, form in which fur- nished assessor, § 3738. Blank personal property receipts, unused to be re- turned, § 3738. Books, blanks, maps and plat books, supervisors to furnish, § 3658. Books, blanks, maps and plat books, state board of equalization to furnish forms, § 3658. Bond of, § 4122. Bond of city assessor, § 4374. City, § 4370. City, bond of. § 4374. City, duties of, § 4390. City, manner of ascertaining values and collecting taxes, § 4390. Compensation for collecting taxes on personalty, § 3829. County officer, is, § 4103. Description of land, how obtained by, § 3634. District attorney to prosecute for fraud in assessment, § 3698. Duties of generally, § 4300. Duty on receiving statement of property in another county, § 3637. Election and term of office, § 4109. Fees and mileage of for seizing and selling personalty, ' § 3793. Fraudulently assessing property, proceedings against, § 3698. Insurance commissioner to furnish with certain In- formation, § 625. Liability for taxes not collected. § 3661. Lis\ of exempted members of National Guard to be given to. § 1937. Maps of additions to or subdivisions of city for assess- ment purposes, § 3658a. Military roll, compensation for making out, § 1901. Military roll, penalty for failure to prepare, § 1898. Military roll, to prepare except in San Francisco, § 1897. Notice by of assessment on national bank stock, § 3610. Oath, may administer, § 4118. Office room, stationery and furniture, supervisors to furnish, § 3658. TAXATION, X. 13«7 Penalties recovered by, one-half may be retained, § 3632. Personalty, furnishing description to cities, § 3653. Personalty, unsecured, collection of: See ante, IX, 3. Poll tax, powers and duties in relation to: See post, XV. Powers of. generally, § 3632. Recorder to furnish certain abstracts to, § 3678. Removal of owner from county, action for taxes, § 3809. Removal of owner from county, power and liability of, § 3808. State board of equalization, information to of property in more than one county, § 3678. Statement, filling out of, § 3631. Statement to state board of equalization, § 3655. Statement to state board of equalization, penalty for failure to transmit, § 3656. Statement, to require, § 3629. Statistical reports to surveyor-general, compelling, § 4081. Subpoenas of, penalty for refusing to obey, § 3632. Surveyor-general and tide-land commissioners to give lists of land sold, § 3659. Time for performance of acts, extension of, § 3705. Title, may demand evidence of, § 3634. To make list of persons an-d property, § 3628. Unassessed property, district attorney to prosecute for loss on, § 3661. Unassessed property, judgment against assessor, amount of, § 3662. Unassessed property, judgment against assessor, amount recovered how distributed, § 3662, Unassessed property, liable for taxes on, § 3660. Unassessed property, taxpayer may give notice of, § 3651. 2. Tax collector. Actions against by district attorney, for failure to make payments or settlements, § 3755. Assessment book, transfer of, duty of auditor on, § 3736. Auditor to charge with full amount of taxes levied, § 3734. Bond of, § 4122. Charged with delinquent taxes and penalty additional, § 3762. Charged with taxes levied, § 3734. City, § 4370. TAXATION, X. City, bond of, § 4374. Consolidating offices of sheriff and tax collector, § 4106. County officer, is, § 4103. Deed of property sold to state, to execute, § 3898. Delinquent list: See ante, IX, 6. Delinquent taxes and penalties, tax collector charge- able with, § 3762. Double assessment, duty of tax collector, § 3805. Duty to seize and sell personalty for taxes, § 3790. Duties of, generally, § 4301. Fee for collecting poll tax, § 1857. Licenses, duty as to: See Licenses. Military roll, failure to prepare, penalty, § 1898. Military roll, to prepare in San Francisco, § 1897. Oath, may administer, § 4118. Office at county seat, § 4116. Office hours, § 4116. Payment, to note date of, § 3750. Payments, penalty for failure to make, § 3754. Payments to be made to treasurer monthly, § 3753. Proceeds of sale of property deeded to state, disposi- tion of, § 3898. Reside at county seat, § 4119, Settlement, final., with auditor, § 3761. Settlements, penalty for failure to make, § 3754. Settlements to be made with auditor monthly, § 3753. Sheriff is ex-officio, in what counties, § 4105. Statements, delivery of to auditor, § 3753. Surety, cannot act as, § 955. 3, Auditor. Account of moneys paid on redemption of property, § 3816. Action of state board of equalization, when to dis- regard, § 3730. Assessment book corrected, to deliver to tax collector, § 3732. Assessment book, oath on delivery to tax collector, § 3732. Assessment book, transfer from one collector to an- other, duty on, § 3736. Blank personal property receipts, assessor to return unused to, § 3738. Blank personal property receipts, form In which fur- nished assessor, § 3738. Blank personal property receipts, to furnish to as- sessor, § 3738. TAXATION, X. Wfia Changes by state board of equalization, to make In assessment book, § 3730. Collection of taxes, duty in relation to generally: See ante, IX, Collection. Delinquent taxes: See ante, IX, 6. Entries to show total acreage of counties, § 3727. Excesses or deficiencies in taxes, to note in assess- ment book, § 3828. Oath on delivery of assessment book, to tax collector, § 3732. Payments, to note in assessment book, § 3827. Poll tax, duty in relation to: See post, XV. Redeemed property, to report, § 3739. Report, controller to enter what statements on settle- ment with treasurer, § 3873. Report, failure to make, penalty, § 3870. Report of, copy to be delivered to treasurer, § 3869. Report of to state controller, §§ 3868, 3869. Report, treasurer to file with statements of controller on settlement, § 3874. Settlements of tax collector with: See ante, X, 2. Statement, failing to prepare or forward to controller, penalty, § 3737. Statement to be verified, § 3735. Statement to state controller, § 3763. Statement to supervisors, to prepare by what time, § 3737. Statement to supervisors, what to show, § 3737. Statement, to transmit to controller and state board of education, § 3729. Statement, transmitting to controller, penalty for neglect, § 3734. Statements, duplicate, to prepare annually, § 3728. Statements, filing with supervisors and controller, § 3737. Statements, what to show, § 3728. Tax collector, to charge with full amount of taxes levied, § 3734. Time for performance of act, extension of, § 3705. To compute and enter taxes against property, § 3731. To make entries in account with treasurer after report filed, § 3875. Valuations, to foot up and enter, § 3727. TAXATION, X. 4. Controller. Designating county in which proceedings against rer- enue officer instituted, § 3879. District attorney, to direct to prosecute officer, when, § 3878. Employing counsel in proceedings against revenue officer, § 3880 Examining books of any revenue officer, § 3877. Sale of property deeded to state, controller may order, § 3897. Statement of on settlement with treasurer, § 3872. To compute sums due by railroads for taxes, § 3667. To publish what notice, § 3668. Warrant, to collect assessments on railroads, § 3666. 5. Treasurer. Accounting and settling for moneys received on re- demption, § 3817. Accounts of moneys paid on redemption of property, § 3816. Annual settlement with auditor, to make at what time, § 3889. County, payments to state treasurer, §§ 38.65, 3866. Failing to make settlements and payments, penalty, § 3867. Mileage allowed to, § 3876. Mileage, fees and commissions in making settlements, §§ 3866, 3871. Payments into state treasury, manner of making, § 3872. Poll taxes, duty in relation to: See post, XV. Proceeds of property sold to state, to account for to state, § 3898. Reimbursement on judgment for taxes paid under pro- test, § 3819. School moneys due county from state, to retain, § 3866. Settlement of with controller, §§ 3865, 3866. Settlement with controller, deductions to be made by controller, § 3871. Statement of controller on settlement with, § 3872. To perform only duties connected with his own office, § 3890. 6. Supervisors, clerk and marshal, Clerk of supervisors to perform only duties connected with office, § 3890. TAXATION, X-XIV. 1371 Marshal is collector of city taxes, § 4389. Supervisors to perform only duties connected with office, § 3890. 7. District attorney. Annual settlement with auditor, to make at what time, § 3889. Attorney-general may employ other counsel than, in proceeding against revenue officer, § 3880. Consent to modify or alter assessment book, § 3881. Controller to direct to prosecute officer, when, § 3878. Employment of other counsel than district attorney on proceedings against revenue officer, § 3880. Settlement with county auditor, § 3889. To commence action, when, § 3878. To institute action on assessor's bond, §§ 3661, 3698. XI. Division of county, rights on; apportionment of railway taxes. Division of county or change of boundaries, taxes, to whom belong and collection of, § 3975. Railway taxes, apportionment by state treasurer, § 3668. XI!. Violation of revenue laws, proceedings on. Action arising out of violation of revenue law, who may designate place of, § 3900. Attorney general may employ other counsel than dis- trict attorney in proceedings against revenue officer, § 3880. Official delinquencies in relation to revenue, con- troller to institute suits, § 433. Rules and regulations of state board of equalization, penalty for disobeying, § 3697. Subpoena, failure to obey, penalty, § 3697. XIII. Road and highway taxes. Highway taxes: See Highways, XIII. Rqad poll tax: See Highways, XIII, Road taxes collected same as other taxes, § 3671. Road tax, distribution of moneys received for, § 3816. Road tax, exemption of firemen, § 3337. Road tax, members of National Guard exempt, § 1936. XIV. School and hospital taxes. Hospital tax, distribution of moneys received for hos- pital poll tax, § 3816. T2 TAXATION, XIV, XV. School tax, assessment and collection of, manner of, § 3719. School taxes, collected same as other taxes, § 3671. School tax, duty of state board of equalization to levy, § 3719. School tax, rate of for certain fiscal years, § 3713. XV. Poll taxes. Amount of, § 3839. Assessor, compensation of for collection of, § 3862. Assessor to make monthly settlements and payments, § 3853. Assessor, yearly settlement with auditor and treasurer, § 3854. Debtor may charge creditor to poll tax paid, § 3850. Debtors of persons owing poll tax, who are, § 3849. Debtors of persons owing to pay, when, § 3848. Delinquent, a lien on property, § 3860. Delinquent, amount of, § 3839. Delinquent, collected how, § 3860. Delinquent penalty, § 3858. Delinquents, roll of, § 3857. Demand for, § 3857. Distribution of moneys received for, § 3816. Exemption, members of National Guard not exempt, § 1936. Exemption of firemen, § 3337. Fees for collecting, § 1857. Firemen, act authorizing supervisors of Santa Clara County to exempt from, p. 1086. Head tax, exemption of firemen from, § 3337. Head tax, members of National Guard exempt from, § 1936. Lien on property, § 3860. Payment, assessor to demand of persons liable, § 3846. Payment, enforcement of by seizure and sale of per- sonalty, § 3846. Proceedings on sale of property for poll tax' paid, § 3805. Proceeds paid to school fund, § 3861. Receipt is only evidence of payment, § 3852. Receipts, after settlement with assessor, auditor to return unused to treasurer, § 3855. Receipts, auditor, duty of on receiving from treasurer, § 3844. Receipts, delivery of by auditor to assessor, § 3845. TAXATION, XV— TIDE-LAND COMMISSIONERS. ViTi Receipts, duty of treasurer in relation to, § 3843. Receipts for, § 3851. Receipts not used, return of to auditor, § 3854. Receipts, printing of, § 3841. Receipts returned, treasurer to seal up, § 3856. Receipts, style of to be changed every year, § 3842. Receipt to be given to purchaser of property, § 3851. Receipts, treasurer to credit auditor with receipts re- turned, § 3856. Receipts, treasurer to deliver to auditor, § 3843. Receipts, treasurer to print, § 3841. Roll, assessor to deliver to auditor, when, § 3858. Roll, delivery of to tax collector by auditor, § 3858. Roll, errors in, correction of, § 3859. Roll of persons liable, assessor to keep, § 3857. Sale of property in payment of, how made, § 3847. Tax collector, fee for collecting, § 1857. Time of collection, § 3840. Treasurer to pay proceeds of to state, § 3861. When to be collected, § 3840. Who liable to, § 3839. TAX COLLECTOR, powers and duties of: See Taxation, X, 2. TAXES: See Taxation. TEACHERS: See Schools, IX. TEHAMA COUNTY, boundaries and county seat, § 3915. Legal distance from county seat of to Sacramento, § 201. Salary of county judge, § 4329. Salary of district attorney, § 4330. TELEGRAPH, how assessed, § 3663. TENSE, present includes future, § 17. TERRITORIES, United States includes, § 17. TESTIFY, includes what, § 17. TEXT-BOOKS: See Schools, XIX. THEATERS, license for, § 3d80. TIDE LANDS: See Public Lands, XL TIDE-LAND COMMISSIONERS, assessor to give list of tide lands sold to, § 3659. Controller to perform duties of member of, § 433. 1374 TIDE-LAND COMMISSIONERS— TIME. Governor appoints, § 368. Holds at governor's pleasure, § 369. TIME, amendment to delinquent list, § 3883. Auditors settle with controller, when, § 3868. Bond, time of filing, § 947. Certain limitations of, how affected by code, § 9. Certificates of nomination, time to file, § 1192. Certifying by secretary of state of names of candi- dates, § 1193. Claim against state, time and manner of presentation of, § 664. Claim against state, time of action on, § 6^5. Computed according to what calendar, § 3255. Computed how, § 12. Contest of election of governor, § 289. Contest of election of lieutenant-governor, § 289. Construction of, § 17. Day, § 3259. Day-time, § 3260. p During which county offices open, § 4116. Election of particular officer: See Particular Title. First day of the year, § 3255. General election, time of holding, § 1041. Holiday, last day falling on, § 12. Joint resolution, time of taking effect, § 324. Leap years, § 3256. Night time, what is, § 3260. Notary, time to file oath and bond, § 800. Oath of commissioner of deeds, time of filing, § 814. Oath of officers, time of taking and filing, §§ 906, 907. Opening and closing polls, § 1160. Primary for presidential electors, § 1372. Primary, time of holding, § 1362. Sessions of schools: See Schools, XXIV. State board of equalization may extend, § 3705. Statutes, time of taking effect, § 323. Taxes, of payment of, published in notice, § 3746. Taxes, of sale to pay, §§ 3768, 3792. Taxes, of sale to pay, notice, § 3766. Treasurers settle with controller, when, §§ 3865, 3866. Week, § 3258. Year, half year and quarter year, meaning of, § 3257. TITLE— TOLL. BRIDGES. 13'* TITLE by tax collector's deed, § 3787. Highways, title to: See Highways, II. Of purchaser of personal property seized for taxes. § 3794. To cemetery grounds, §§ 3105, 3108. To property, original and ultimate, § 40. TITLE INSURANCE COMPANY insolvent when, § 602. TOLL BRIDGES, animals, number and weight of, driven over, supervisors may regulate, § 2876. Application, articles of incorporation to be attached to, § 2871. Application, hearing of and proceedings on, § 2871. Application, how granted, § 2872. Application, majority of supervisors may grant, § 2872. Application, notice of, § 2844. Application, notice of to be given owner of another toll bridge, § 2853. Application, notice, publication of and contents of, § 2870. Application to construct, to whom made, § 2843. Application, to whom made, § 2870. Banks to be kept in repair, § 2858. Bond, §§ 2849, 2850. Bond, supervisors to fix, § 2845. Garquinez Straits, not permitted over, § 2872. Channels of navigable streams to be kept clear, § 2877. Completion, certificate of, toll gate may be erected after, § 2878. Condemnation of land necessary for, § 2855. Counties may purchase, § 2881. Draws in bridges over navigable waters, § 2875. Draws, supervisors may regulate use of, § 2876. Fast driving, protection against, § 2938. Ford near, supervisors may authorize, § 2845. Highways, right to use, § 2874. Interested supervisor cannot act in matters relating to, § 2852. License, § 2845. License, estimates used in fixing, §§ 2848, 2849. License, issuance of, § 2849. License issued, when, § 2878. License, limit on amount of, § 2846. License, proceedings in fixing, § 2848. 1878 TOLL BRIDGES— TOLL ROADS. License, change of, § 2846. License, revenue from, purchasing toll roads or bridges with, § 2857. Napa creek, not permitted over, § 2872. Navigable streams, channels of to be kept clear, § 2877. Navigable waters, how constructed over, § 2875. Order granting, certified copy to be recorded, § 2872. Penalty for avoiding tolls, § 2880. Petaluma creek, not permitted over, § 2872. Preference of owner of adjoining land in constructing, § 2854. Railings and sidings, § 2878. Reports to supervisors, what to show, § 2847. -Requirements that may be imposed on granting au- thority, § 2873. Rules and regulations governing use, supervisors may prescribe, § 2876. Sacramento river, not permitted over, § 2872. San Joaquin, not permitted over, § 2872. Sonoma creek, not permitted over, § 2872. Suisun bay, not permitted over, § 2872. Supervisors granting authority, duty of, § 2844. Toll gate may be erected after signing and filing of certificate of, § 2878. Tolls, avoiding, penalty for, § 2880. Tolls, change in, § 2846. Tolls, estimates used in fixing, §§ 2848, 2849. Tolls, exempt from, who are, § 2879. Tolls may be collected when, § 2878. Tolls, proceeding in fixing, § 2848. Tolls, rate of, § 2845. Toll, rates of to be posted, § 2856. Tolls, supervisors to fix, § 2845. Withi"i- one mile of another toll bridge, § 2853. TOLL ROADS, abandoned, collection of tolls on portion not abandoned, § 2799. Abandoned, how, § 2799. Abandoned, may be when, § 2799. AbanJonraent, what becomes of road on, § 2799. Action for penalty or trespass, where lies, § 2817. Alterations, branches and extensions, § 2786. Application for authority to take land, § 2779. Application, hearing of, § 2781. TOLL ROADS. 1»71 Application, majority of supervisors may grant, § 2782. Application, roarl may be constructed without when, § 2789. Applicati .1. special meeting of supervisors to hear, § 2780. Application, survey of road constructed without, § 2789. Application where road in more than one county, pro- ceedings, §§ 2783, 2789. Bridges, manner of constructing, § 2791. Bridges, may build when, § 2791. Commissioners, appointment where road in more than one county, § 2783. Commissioners, compensation of, §§ 2785, 2797. Commissioners, duties of, § 2784. Commissioners of highways, compensation for mak- ing inspection cr prosecuting action, § 2831. Commissioners of highways, compensation of, payment and recovery, § 2831. Commissioner of highways, duty of as to gate in wrong place, § 2829. Commissioner of highways to give notice of defects in road, § 2829. Commissioners to appraise on purchase by county, powers and duties, §§ 2800, 2801. Commissioners to lay out, supervisors to appoint, § 2782. Completion before collection of tolls, § 2797. Completion, tolls may be collected on filing certificate of, § 2798. Construction of, manner of, § 2793. Counties, road extending through several, proceedings, §§ 2783, 2789. County, purchase of by county, right of and proceed- ings on, §8 2800, 2801. District attorney to enforce obedience to notice and requirements, § 2830. Dwellings or yards, not to be laid out through, § 2790. Encroachment upon, action for penalty, where lies, § 2817. Encroachments upon, how removed, § 2815. Encroachments upon, penalty for not removing, § 2816. Fast driving, protection against, § 2938. Pol. Code— 87 1378 TOLL, ROADS. Franchise, becomes public highway on expiration of, § 2619. Franchise, expiration, no claims for right of way, ma- terials, etc., § 2619. Guide-posts, § 2796. Highway, lands witnin, power of supervisors to grant, § 2787. Highways taken for, damages for, paid to road fund, § 2788. Inspection and certificate, compensation for, § 2797. Inspection, and certificate, conformity to require- ments, § 2797. Inspection, commissioner to make on complaint of want of repair, § 2827. Inspection, compensation of commissioner of highways making, § 2831. Lands may be acquired by purchase or condemnation, § 2787. Map of, approval, certification and filing of, § 2785. Mile-stones, posts and inscriptions, § 2795. Notice of construction, publication of and contents, § 2779. Orchard or garden, not to be laid out through, § 2790. Order authorizing to be recorded, § 2782. Pack trails in mountain district, license for, § 2832. Pack trails, tolls on, § 2832. Pack trails, when may build, § 2832. Plank road company not to use road of another except in crossings, § 2792. Plank road, relaying with other material, § 2794. Plank roads width of and manner of construction, § 2793. Purchase of by county, right of and proceedings on, §§ 2800, 2801. Purchase of by read district, county general fund may be used for, when, § 2712. Repair, commissioner to give notice of want of, § 2827. Repair, defects, commissioner of highways to give no- tice of, § 2829. Repair, district attorney to enforce obedience to no- tice to repair, § 2830. TOLL. ROADS— TRADE MARKS. 13W Repair, failure to make after notice, gate thrown down, § 2727. Repair, failure to mal^e, toll? not to be collocted or gate closed, § 2828. Survey of roar^ constructed without application, § 2789. Toll gate, illegal, failure to remove, district attorney to enforce obedience to requirements, § 2830. Toll gate in wrong place, duty of ommissioner of highways, § 2829. Toll gate or house, erecting near building, § 2798. Tolls, collection of before completion of road, § 2797. Tolls, collection oi on portion of road not abandoned, § 2799. Tolls, exempt from payment of, who are, § 2814. Tolls, licenses to take, § 3378. Tolls, i-iay be collected on filing certificate of com- pletion, § 2798. Tolls, not to be collected where road not repaired, § 2828. Width of, §§ 2784, 2793. TOWAGE, fees of pilots for in Humboldt Bay, § 2480. TOWNSHIP officers, who are. § 4104. See Ofiices and Officers. TOWNS: See Municipal Corporations. TRADE MARKS defined, § 3196. Exclusive use of, how secured, § 3197. Original owner of, who is, § 3199. Ownership may be transferred, § 3199. Secretary of state, fee for recording with, § 3198. Secretary of state, filing with, § 3197. Secretary of state to keep public record of, § 3198. Trade union may file with secretary of state, § 3200. Trade union may adopt and use, § 3200. Trade union may file with secretary of state, § 3200. Trade union, of, president authorized to commence proceedings to protect, § 3201. Violatior. of right of may be enjoined, § 3199. What included in, § 3196. 18» TRADE UNION— TREASURER. TRADE UNION: See Trade Marks. TREASURER: See Insane Asylums, VI. Taxation, powers and duties in relation to: See Taxti- tion, X, 5. Treasurer of city and county. Deputies and clerks in certain, appointment of. D. 1114, Stats. Deputies and clerks in certain, salaries of, p. 1114, Stats. Treasurer of city. Bond of, § 4374. Duties of, § 4392. Duties in relation to bonds issued for public debt, § 4446. Treasurer of county. Auditor, duty of in relation to: See Auditor. Bond fund, duty of regarding, § 4050. Bond of, § 4122. Bond of county clerk, custodian of, § 986. Bonds to refund county indebtedness, custody, disposal and account, § 4049. Bonds to refund county indebtedness, duty of, § 4049. Bonds to refund county indebtedness, redemption of, § 4051. Books, accounts and vouchers open to inspection, § 4164. Commissions not allowed on moneys received from predecessor, § 4163. Contest of office, clerk to certify pendency of, to, § 937. Contest of office, salary, payment, withholding pend- ing, §§ 936, 937. Coroner, money or property received from, how dis- posed of, §§ 4159, 4160. Coroner, money received from may be demanded within six years, § 4160. Coroner, when treasurer to sue, § 4157. County judge and auditor to be permitted to examine books and count money, § 4165. County officer, is, § 4103. Death of, duty of legal representatives, § 4163. Deputies and clerks in certain, p. 1114. TREASURER. ^'^^ District attorney failing to pay over money, duty to sue, § 4157. Duties generally, enumerated, § 4144. Duties required by law, to discharge, § 4224. Interest on sale of public lands, from what time com- puted, § 3427. Money, must not loan or make general deposit, § 4161. Money, not to receive except on certificate of auditor, § 4145. Money, special deposit of, power to make, § 4161. Money, to keep in his own possession, § 4161. Oaths, may administer, § 4118. Office hours, §■ 4116. Office to be kept at county seat, § 4116. Paying claim in violation of highway law, liable, § 2651. Quarterly statements concerning collection and dis- bursement of revenue, § 4223. Receipts for money, deposit with auditor, § 4146. Receipts, must give for moneys paid, § 4146. Report, failure or refusal to make, penalty, § 4156. Report, monthly, of moneys received from sale of lands, §§ 3422, 3423. Report, quarterly, of sales of public lands to controller of state, § 3424, Report, quarterly, to controller, approval of, payments into state treasury on, § 3425. Report to supervisors, § 4155. Reside at county seat, § 4119. Salaries of deputies and clerks in certain, p. 1114, Stats. Special deposit of money, power to make, § 4161. Supervisors may suspend, when, § 4162. Settlements, failure or refusal to make, penalty, § 4156. Settlements, when and how made, § 4154. Surety, cannot act as, § 955. Swamp and overflowed lands, to place proceeds in swamp-land fund, § 3426. Warrant, failure to present in sixty days, proceedings, § 4152. Warrant, interest on, §§ 4148, 4149, 4153. Warrant, interest paid to be noted on and entered in account, § 4153. Warrant, mode of payment, § 4147. Warrants, notice of redemption of, publishing or posting, § 4149. 52 TREASURER. Warrant, notice of redemption of, what to state, § 4150. Warrant, priority in payment of, §§ 4151, 4152. Warrant, proceedings wliere not paid for want of funds, § 4148. Warrant, supervisors may order payment out of moneys on hand, § 4152. Treasurer of state. Accounts of officers violating statute, withholding settlement, § 926. Act requiring payment into treasury of all moneys he- longing to state, p. 1115. Act prescribing certain duties to be performed by, p. 1103. Advancing wages of employees of state printing office where general fund exhausted, § 537. Board of examiners may examine accounts and books of, § 675. Board of examiners may notify not to pay warrants, § 674. Board of examiners, time and manner of counting money by, § 676. Board of examiners to act on where member disquali- fied, § 669. Board of examiners, to permit examination of books and papers by, § 678. Board of examiners to publish affidavit as to money, § 677. Bond of, § 459. Bond of secretary of state to be filed with, § 948. Bonds, purchased by board of examiners, deposit with and duty of, § 682. Bonds, sale of, by, board of examiners may purchase, § 683. Bookkeeper, salary of, § 456. Claims allowed by military auditors, duties as to, § 2097. Contest of office, clerk to certify pendency of action to, § 937. Contest of office, salary, payment, withhoWing pending, §§ 936. 937. Deputy, salary of, § 456. Duties as to moneys due for support of patients in home for feeble-minded, § 2193. Duties, general, of, enumeration of, § 452. Duty, on noncompliance with statute by investment company, § 635d. TREASURER. l^i Election, mode of, prescribed bj- constitution, § 348. Funds of university mav be drawn from treasury. § 1435. Funds, acts authorizing transfer of by, pp. 1114, 1115. General fund, of wtiat consists, § 454. Governor, duty to report to, § 452. Harbor commission, liable for moneys paid by, § 2586. Investments in bonds by board of examiners, deposit with and duty of treasurer, § 682. Money, must not receive without certificate of con- troller, § 453. National Guard, duty in regard to pay and allowances to, § 2084. Notice to that bonds are ready to be sold, § 681. Porter, may employ, § 460. Porter, salary of. § 460. Proceedings against officer purchasing warrants or in- debtedness, § 926. Prohibited from purchasing scrip or any city or county indebtedness, § 923. Sacramento, to reside and keep offices at, § 852. Salary of, § 455. Salaries of deputy and bookkeeper, how paid, § 456. State board of capitol commissioners, member of, § 366. Surety, cannot act as, § 955. Taxes, payment of to, notifying auditors and treasurers, § 3668. Taxes, payment of, to: See Taxation. Taxes, railway, apportionment by state treasurer, § 3668. Vacancy in, how filled and duration of term, § 1001. Warrants, controller to authenticate with his seal, § 433. Warrants, controller to draw, § 433. Warrants, controller to furnish list of to treasurer, § 433. Warrants, duty regarding, § 452. Warrants, how drawn, § 433. Warrants, order in which to be drawn, § 436. Warrants, payments not to be made on prior to 1857, § 453. Warrants or indebtedness purchased by officer in vio- lation of statute, not to pay, §§ 925, 926. Watchmen, powers and duties of, § 458. 1384 TREASURER— UNCLAIMED PROPERTY. Watchmen, salaries of, § 457. Watchmen, four, may employ, § 457. TREES, felling into streams that are public ways, penalty, § 2350. Highways, trees in: See Hignways, IX. TRESPASS, action for, on toll roads, § 2817. Animals trespassing, act concerning continued in force, § 19. On public lands, § 42. TRINITY COUNTY, boundaries and county seat, § 3919. Legal distance from county seat of to Sacramento, § 202. Salary of county judge, § 4329. Salary of district attorney, § 4330. TRUST DEEDS, recorder to furnish list of to assessor, § 3678. TRUSTEES, assessment of, § 3639. Bonds of. form of and who may sue on, § 982. Of schools: See Schools, V. Particular trustees: See Particular Title. TULARE COUNTY, act to protect stock-raisers in, con- tinued in force, § 19. Boundaries and county seat, § 3940. Legal distance from county seat of to Sacramento, § 203. Salary of county judge, § 4329. Salary of district attorney, § 4330. TUNNELS, expense of construction and maintenance, §. 2712. TUOLUMNE COUNTY, boundaries and county seat, § 3937. Legal distance from county seat of to Sacramento, § 204. Salary of county judge, § 4329. Salary c:f district attorney, § 433G. UNCLAIMED PROPERTY, bailee, agent, etc., may retain or store until charges paid, § 3152. Bailee, liable only for negligence, § 3155. UNCLAIMED PROPERTY— UNIVERSITY CALIFORNIA. 1385 Carrier may hold or store until charges paid, § 3152. Fees in relation to, § 3157. Liability, for when ceases, § 3155. Property upon which advances are due may be sold, when, § 3153. Sale of by carrier, bailee, etc., § 3153. Sale of, proceedings for and manner of, § 3153. Sale of surplus, disposition of, §§ 3153, 3154. Sale of, surplus, disposition of where owner does not claim, § 3154. UNITED STATES, condemnation or purchase by, condi- tion as to service of process, § 34. Includes District of Columbia and territories, § 17. May acquire sites for forts, magazines, arsenals, dock- yards, etc., § 34. Rights of citizens, § 60. Service of process in places ceded to, § 34. State has no jurisdiction over places ceded to, § 33. UNIFORMS of National Guard: See National Guard, XXVI. UNITED STATES SENATORS, elections for full terms, when held, § 1332. Elections to fill vacancies, when held, § 1333. Governor commissions, § 891. UNIVERSITY OF CALIFORNIA. Academic senate, gen- eral powers and duties of, § 1461. Academic senate, of whom composed, § 1461. Academic senate, rules governing proceedings, § 1463. Academic senate, who may participate in discussions, § 1463. Academic senate, who may vote, § 1463. Affiliated colleges, graduates of, entitled to degrees, § 1400. Affiliation with other colleges, § 1396. Buildings, bids for construction of and furnishing, § 1438. Buildings, plans to be adopted in constructing, § 1437. Buildings, regents to construct necessary, § 1436. Buildings, temporary arrangements for, pending com- pletion of, § 1439. Cadets, adjutant-general to issue arms, accoutrements and equipments to, § 1475. 1386 UNIVERSITY OF CALIFORNIA. Cadets, military instructor to report to adjutant-gen- eral, § 1477. Cadets, oflBcers, appointment and commission of, § 1474. Cadets, officers, right of on graduation, § 1476. Cadets, students to be organized into university cadets, § 1473. Certificates, city granting to without examination, § 1792. Certificates of proficiency, regents may confer, § 1401. Certificates to teach, granting to graduates of, § 1775. College of agriculture, system of manual labor for, § 1404. College of Califcr...ia, graduates entitled to degrees, § 1400. College of letters to embrace what, § 1387. Colleges, government of, § 1391. Colleges, what to be maintained, § 1386. Course of instruction, § 1388. Current expenses, fund for, setting apart and how drawn upon, § 1434. Deed to of lands sold to state on which university has mortgage, § 3898a. Degree of bachelor of arts, upon whom conferred, § 1403. Degree of master of arts, upon whom conferred, § 1403. Degrees, examinations for to be annual, 5 1397. Degrees, graduates of affiliated college entitled to, § 1400. Degrees, graduates of College of California entitled to, § 1400. Degrees, upon what students to be conferred, § 1402. Degrees, votes for, conferring, § 1399. Degrees, when to be conferred, § 1402. Degrees, who entitled to, §§ 1397, 1398. Endowment of, § 1415. Endowment, entire income of, at disposal of regents, § 1433. Endowment, regents, power to invest permanent fund, § 1415. Funds may be drawn from state treasury, § 1434. Fund to be set apart for current expenses, § 1434. Gift, bequest or devise, regents may take by for bene- fit of. 1415. UNIVERSITY OF CALIFORNIA. 1387 Gift, bequest or devise, state may take by for benefit of. § 1415. Gift, bequest or devise to, impracticable conditions rejected, § 1415. Gift, bequest or devise to, managed according to pur- pose and conditions, § 1415. Government and discipline, § 1391. Holder of diploma entitled to permanent certificate of right to teach when, § 1775, sub. 5. Lands of: See Public Lands. Law governing control and management of, § 2327. Location of, § 1385. Manual labor, system of for college of agriculture, § 1404. Mortgage, deed to university of land sold to state on which university has mortgage, § 3898a. Object of, § 1385. President ex-ofRcio member of, § 1425. President, general duties and powers of, § 1390. President is executive head, § 1389. Regents, appointment and terms of office, where pro- vided for, § 353. Regents, appointment, governor to appoint sixteen, § 1426. Regents, attorney-general not attorney for, § 472. Regents, control niversity, § 1425. Regents, construction and furnishing of buildings by, §§ 1436-1438. Regents, deed to of lands sold to state on which uni- versity has mortgage, § 3898a. Regents, entire income from endowment at disposal of, § 1433. Regents, governor is president of, § 1429. Regents, majority not to be of no religious belief, § 1405. Regents, majority not to be of one religious sect, § 1405. , Regents may confer certificates of proficiency, § 1401. Regents may take by gift, bequest or devise for, § 1415. Regents, number of, § 1425. Regents, powers and duties, where prescribed, § 707. Regents, secretary of: See post. Regents, who are ex-officio members of board, § 353. 1388 UNIVERSITY OF CALIFORNIA— VACCINE AGENT. Regents, quorum, § 1430. Regents, powers and duties of, enumeration of, § 1432, Regents, president is ex-oflacio member of, § 1425. Regents, receive no compensation, § 1431. Regents, six ex-officio members, § 1427. Regents, term of office, § 1426. Regents to manage gift, bequest, etc., according to purposes and conditions of, § 1415. Regents to provide cabinet for deaf, dumb and blind asylum, § 2242. Regents to set apart fund for current expenses, § 1434. Regents, vacancy, how filled and term of appointee, § 1428. Scholarships, § 1395. Secretary of regents, compensation of, § 1451. Secretary of regents, duties of, enumeration of, § 1450. Secretary of regents, holds at pleasure of board, § 1451. Secretary, of regents, qualifications and choice of, § 1449. Secretary of regents, residence of, § 1450. Secretarian, political or partisan tests prohibited, § 1405. State geologist to deliver specimens to, § 550. State librarian to distribute state publications to, § 2295. Students, apportioning representation according to population, § 1394. Students, certificates of proficiency, § 1401. Students, degrees, §§ 1397-1403. Students, free scholarships, § 1395. Students, tuition and fees, §§ 1393, 1394, 1395. Students, who entitled to enter, § 1392. Tuition and fees, §§ 1393, 1394, 1395. University lands: See Public Lands, IX. USER, highways: See Highways, III. VACANCIES, officers: See Offices and Officers. VACATION, highways: See Highways, XIX. VACCINE AGENT: See Health. Governor appoints, § 368. •Powers and duties, where prescribed, § 695. Term oi office of, § 369. VACCINATION— WARRANTS. !»»• VACCINATION of passengers of infected vessels, § 3021 VAGRANCY, jurisdiction of police court in cases of, § 4426. VALUE, definition of, § 3617. Full cash, definition of, § 3617. VENDOR AND VENDEE. Enforcement of contract to sell realty affected by lien of judgment on bond, § 987. VENTURA COUNTY, legal distance from county seat of to Sacramento, § 205. VENUE. Action against city for injuries from mobs or riots, § 4453. State treasurer, action against to recover taxes, § 3669. VESSELS: See Navigation. Includes what, § 17. Wrecks, §§ 2403-2418. See Wrecks. VESTED RIGHTS, code does not aifect, §§ 8, 18. VETO by governor, §§ 311, 312. . VOTERS: See Elections. WAGON ROADS, to be ditched on sides and have proper sewerage, § 2793. Width of and turn outs, § 2793. WAREHOUSEMEN making advances may sell property, when, § 3156. Unclaimed property, §§ 3152-3157. See Unclaimed Property. WARRANTS: See Auditors; Supervisors; Treasurer, County. Act prescribing duties of state officers in relation to, p. 1103. Approved claim, to be drawn in' favor of, § 661. Board of examiners may prevent payment of, § 674. Controller not to draw unless claim approved by board of examiners, § 672. Controller to authenticate with seal, § 433. Controller to draw, § 433. How drawn, § 433. Land: See Public Lands, V. Land, lost or destroyed: See Public Lands, V. •List of, controller to furnish, § 433. Officer purchasing contrary to statute, proceedings against, § 926. 1390 WARRANTS— WEIGHTS AND MEASURES. Officers prohibited from purchasing, § 923. Order in which to be drawn, § 436. Prior to 1857, treasurer not to pay, § 453. Purchased by officer in violation of statute, not to pay, §§ 925, 926. Salary, payment where office contested, §§ 936, 937. Treasurer, duty of regarding, § 452. WATCHMEN for treasurer: See Treasurer. WATER COMPANY, authority to lay pipes, granting, §§ 4410, 4411, 4413. Contracts to supply city with water, § 4412. Diverting or draining waters on highways, penalty, § 2737. WATERS. Boards of water commissioners, acts relating to continued in force, § 19. Boundaries: See Boundaries. Bridge, one building over navigable stream to keep channel clear, § 2877. Mouth of creek defined, § 3908. Navigable streams, enumeration of, §§ 2349, 2351. Overflow or seepage of water upon highway, duty to repair, § 2737. Owners of lands on banks liable for damages froiji cuts made, § 3486. Owners on lands on banks making cuts, mitigation of damages, § 3487. Public ways, enumeration of streams that are, §§ 2349, 2351. Public way, felling tree into stream that is, penalty, § 2350. Public ways, navigable waters are, § 2348. Public ways, what streams are, § 2348. Supervisors, power to improve and regulate streams not navigable, § 4085. Toll bridges, how constructed over navigable waters, § 2875. WAYS: See Highways. WEEK, what is, § 3258. WEIGHTS AND MEASURES. Acre, § 3213. Acres, C40 in a square mile, § 3213. WEIGHTS AND MEASURES. ISM Avoirdupois weights, §§ 3214, 3215. Barrel, § 3217. Busliel, §§ 3220, 3223. Chain, § 3212. Contracts construed according to standards of, § 3222. Foot, division of, § 3211. Gallon, § 3216. Half bushel, § 3218. Half bushel, division of, §§ 3219, 3220. Half peck, § 3219. Heap measure, articles sold by, how heaped, § 3221. Heap measure, measures for articles sold by, how made, § 3220. Heap measure, measures of capacity for articles sold by, § 3220. Hogshead, § 3217. Hundredweight, § 3215. Mile, §§ 3212, 3213. Ounces, § 3215. Peck, §§ 3219, 3220. Pint, § 3219. Pound, division of, § 3215. Quart, § 3219. Quarter peck, § 3219. Rood, pole, or perch, § 3212. Secretary of state is ex-officio state sealer, § 351. Standard for solid measure, § 3218. Standard of, § 3209. Standard of liquid measures, § 3216. Standard of weights, § 3214. Standard yard is standard measure of length and sur- face, § 3210. State sealer of: See Sealer of "Weights and Measures. Ton, § 3215. Troy weight, §§ 3214, 3215. Unit for solid measure, § 3218. Unit of extension, § 3210. Unit of length and surfaces, § 3210. Unit of liquid measures, § 3216. Unit of weights, § 3214. Yard, division of, § 3211. See Sealer of Weights and Measures. 1392 WHARFAGE— WHARVES. CHUTES AND PIERS. WHARFAGE: See Harbor Commissioners; Wharfs, Chutes and Piers. WHARVES, CHUTES AND PIERS. Application, hearing and objections, § 2910. Application, how made and what to contain, § 2907. Application not granted until use of lands held ad- versely acquired, § 2913. Application, notice, how served on non-resident or incompetent, § 2909. Application, notice of, § 2907. Application, notice, proof of service, §§ 2908, 2910. Application, notice, service of on owner of land, § 2908. Application, what to contain relative to lands not owned, § 2908. Application, when granted, § 2910. Assessments for improvements, jurisdiction of police court over action for, § 4427. Authority ceases unless completed within two years, § 2919. Authority not granted if vested rights interfered with, § 2919. Authority to construct, use of lands held adversely to be first acquired, § 2913. Authority to erect, supervisors may grant, § 2906. Cities, authority to construct wharves in, § 2920. Cities, statute does not apply to wharves in, §§ 2914, 2920. Completion of, time for, § 2919. Condemning lands and rights of way, § 2913. Decrees and ordei's relating to, to be filed and recorded, § 2915. Fees for filing and recording, applicant to pay, § 2915. Land and water on each side of wharf, rights in, § 2912. Length of, § 2914. License, amount of, § 2917. License to take tolls on, § 3378. License, when to issue, § 2917. Railroad, supervisors, authority of to grant right to construct wharves, § 2921. Repairs, duty to make, § 2918. Repairs, penalty for taking tolls when wharf out of, § 2918. San Francisco, statute does not apply to wharves in, § 2920. WHARVES, ETC.— WORDS AND PHRASES. 1393 Supervisors may grant authority to erect, § 2906. Swamp, overflowed and tide lands, rights of applicant, § 2911. Tolls, penalty for taking when wharf out of repair, . § 2918. Tolls, rates of, minimum and maximum, § 2916. Tolls, rates of, posting of, § 2916. Tolls, supervisors to fix rate annually, § 2911. Use of land held adversely to be acquired before au- thority granted, § 2913. Width of, § 2914. WIDTH, highways: See Highways, VII. WILL includes codicil, § 17. WITNESSES, assessor may examine in relation to taxable property, § 3632. Before board of examiners, § 658. Before legislature: See Legislature. County boards of equalization may examine, §§ 3676, 3677. Depose includes what, § 17. Examination in contested election, §§ 275, 278. Fees, none for attendance before supervisors, § 4069. Indigent witnesses, expenses of in criminal cases a county charge, § 4344. Oath includes what, § 17. Pilot commission, disobeying subpoena of president, punishment of, § 2444. Pilot commission, president of may issue subpoena, § 2444. State board of equalization may subpoena, § 3692. State may require persons to be, § 37. Subpoenas: See Legislature; Subpoenas. Supervisors, before, § 4068. Supervisors before: See Supervisors. Testify includes what. § 17. WOMEN eligible to educational offices, p. 1103, Stats. WORDS AND PHRASES: See Definitions. Alon-g, §§ 3905, 3906, 3907. By. §§ 3905. 3906. Codicil, will includes, § 17. Pol. Code— 58. WORDS AND PHRASES. Construed according to context and approved usage, § 16. Conyention, city, § 1358. Convention, district, § 1358. Convention, local, § 1358. Convention, state, § 1358. Credits, § 3617. Debts, § 3617. Depose includes what, § 17. District of Columbia, state includes, § 17. District of Columbia, United States includes, § 17. Division, § 2111. Down, § 3906. East, § 3903. Easterly, § 3903. From, § 3907. Full cash value, § 3617. Improvements, § 3617. In, §§ 3906, 3907. Joint authority, majority may act, § 15. Magistrate, § 17. Masculine includes feminine and neuter, § 17. Month, § 17. North, § 3903. Northerly, § 3903. Oath includes affirmation or declaration, § 17. On, §§ 3905, 3907. Peace officer, § 17. Person includes corporation, § 17. Personal property, § 17, 3617. Plural includes singular, § 17. Present tense, words in, § 17. Primary, city, § 1358 Primary, district, § 1358. Primary, local, § 1358. Primary, state, § 1358. Process, § 17. Property, §§ 17, 3617. Property includes realty and personalty, § 17. Real property, § 17, 3617. Road overseer, § 2642. Seal, § 14. Section, § 17. Signature includes mark. § 17. Singular includes plural, § 17. South, § 3903. WORDS AND PHRASES— WRECKS. ^ 1395 Southerly, § 3903. State includes what, § 17. Subscription includes mark, § 17. Technical, construction of, § 16. Territories, United States includes, § 17. Testify, what includes, § 17. To, §§ 3905, 3906, 3907. Transaction of business, § 4116, United States, what includes, § 17. Up, § 3906. Value, § 3617. Vessel, includes what, § 17. West, § 3903. Westerly, § 3903. Will includes codicil, § 17. With, §§ 3905, 3906, 3907. Writ, § 17. Writing includes printing and typewriting, § 17. WRECKS. Bond of claimant, forfeiture and prosecution of, § 2410. Bond of claimant of property or proceeds, § 2409. Claim, action on, salvage, costs and expenses to be deducted. § 2411. Claim, rejection of, action by owner, § 2411. Claimant of property or proceeds, order for surrender of property to, § 2408. Citizens to assist stranded vessels, § 2403. Notice of wrecked property, contents of and publica- tion of, § 2417. Notices, expenses of publishing a charge against prop- erty, § 2418. Owners may keep or reclaim, § 2405. Sale of, disposal of proceeds, § 2415. Sale of, disposition of proceeds, § 2407. Sale of, manner of, §§ 2507, 2508. Sale of, notice of, contents of and publication of, § 2416. Sale of, when ordered, § 2415. Sale of, where property in perishable state, § 2407. Salvage and expenses, contest over, costs of, § 2414. Salvage and expenses, contest over, fees and expenses of referees, § 2414. Salvage and expenses, disputed claims to, proceedings to settle, § 2413. 1396 WRECKS— YOSBMITE VALLEY. Salvage and expenses, not to be deducted unless fixed by court, § 2415. Salvage and expenses, presentment of statement of, § 2412. Salvage and expenses, sale of property where not paid, § 2415. Salvage, officers, etc., entitled to, § 2404. Salvage, must not exceed one-half, § 2404. Salvage, property detained until paid, § 2404. Salvage to be pail before property reclaimed, § 2405. Sheriffs may employ persons in assisting stranded vessels, § 2403. Sheriffs to assist stranded vessels, § 2403. Sheriff to take possession until owner found and to appraise, § 2406. WRIT, definition of, § 17. Issue in name of people, § 30. WRITING, application for reduction of taxes to be in, § 3674. Appointment of deputies to be in, § 4113. Direction to sheriff in, § 4185. Includes printing, § 17. YEAR, first day of, § 3255. Half year, meaning of, § 3257. Leap year, § 3256. Meaning of, § 3257. Quarter year, meaning of, § 3257. School, when commences, 1878: See Schools, XXIV. VERBA BUENA ISLAND, part of San Francisco, § 3953. YOLO COUNTY, boundaries and county seat, § 3929. Legal distance from county seat of to Sacramento, § 206. Salary of county judge, § 4329. Salary of district attorney, § 4330. YOSEMITE VALLEY, commissioners, law governing ap- pointmont and term of office, § 357. Commissioners, number and appointment, § 3584. Commis.sioners, powers and duties of, where pre- scribed, § 715. ■SOSEMITE VALLET— TUBA COUNTY. 1387 Commissicners, powers of, generally, § 3584. Commissioners, report of, § 3586. Guardian of, appointrnent and term of oflSce, § 3585. Guardian of, duties and compensation, § 3585. YUBA COUNTY, boundaries and county seat, § 3925. Legal di8tanc« from county seat of to Sacramento, 9 207. Salary of county judge, § 432J. Salary of district attorney, § 4330. UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 884 588